NYT v. OpenAI Hits Key Phase with Summary Judgments Filed
The New York Times, OpenAI, and Microsoft filed summary judgments in their 2023 copyright lawsuit.
Why it matters: This case could define how copyright applies to AI training data, influencing publishers, tech firms, and legal standards for AI-generated content.
- On September 4, 2026, the NYT, OpenAI, and Microsoft submitted motions for summary judgment in the AI training data copyright lawsuit.
- NYT alleges unauthorized use of millions of articles by OpenAI and Microsoft to build commercial AI models.
- OpenAI and Microsoft claim ‘fair use’ for publicly available content citing recent federal rulings (Kadrey v. Meta, Bartz v. Anthropic).
- The U.S. Department of Justice supports OpenAI’s position, emphasizing AI’s importance to national security and economic growth.
The New York Times filed a landmark copyright lawsuit in 2023, accusing OpenAI and Microsoft of using its articles without permission to train AI technologies that create commercial products, such as ChatGPT. On September 4, 2026, all parties advanced the case by filing motions for summary judgment, a critical step that could determine whether the matter proceeds to trial.
NYT's filings emphasize the need to protect incentives for original journalism, stating, "The future not just of journalism but of responsible A.I., too, depends on preserving incentives for humans to produce the creative works on which a healthy society depends." The Times asserts that by training AI on its copyrighted content, OpenAI and Microsoft infringed its exclusive rights.
OpenAI and Microsoft respond by invoking the 'fair use' doctrine, arguing their use of publicly accessible content is lawful. They cite recent California federal court decisions in Kadrey v. Meta and Bartz v. Anthropic that support this interpretation. OpenAI characterizes AI technologies as progress that places the world’s facts within easy reach, stating, "That is progress, and copyright law does not stand in its way."
Notably, the U.S. Department of Justice filed a statement of interest on September 2, 2026, backing OpenAI’s fair use defense. It highlighted the critical role of AI development in advancing national security and economic interests, suggesting government support for broad AI training rights.
The case is before U.S. District Judge Sidney Stein, who will decide in the coming months whether summary judgment motions will dispose of parts of the case or whether it will proceed to a trial projected for 2027. Meanwhile, other major news publishers like The Seattle Times Company and Newsday LLC filed similar suits against OpenAI and Microsoft on September 4, 2026, indicating growing industry resistance to AI’s use of copyrighted journalistic content.
This dispute remains central to defining the balance between copyright protection and innovation in AI content generation.
By the numbers:
- 2023 — Year NYT filed the original copyright lawsuit against OpenAI and Microsoft
- September 4, 2026 — Date all parties filed motions for summary judgment
- September 2, 2026 — Date U.S. Department of Justice filed statement supporting OpenAI
- 2027 — Year trial is expected if the case proceeds
What's next: Judge Sidney Stein's ruling on whether summary judgment motions resolve the case or lead to a 2027 trial is expected soon.