OpenAI used millions of articles without permission to train AI models, lawsuit claims

September 18, 2026 at 12:02 PM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

The New York Times and other publishers allege in court filings that OpenAI used millions of copyrighted articles without permission to train commercial AI products that could replace news content. Internal OpenAI messages reportedly show staff describing AI as an 'existential threat' to publishers, while Microsoft employees called the practice 'the biggest labor theft in human history.' OpenAI maintains that training on publicly available content is fair use under copyright law.

Key Facts

The New York Times, New York Daily News, Ziff Davis publications, The Intercept, and the Center for Investigative Reporting are among the plaintiffs suing OpenAI.
Nick Turley, head of the ChatGPT team, called AI an 'existential threat' to publishers in 2023 and said in 2024 that AI products would increasingly replace existing content.
Microsoft employees described the use of publisher content to train AI models as 'the biggest labor theft in human history' in internal communications.
OpenAI and Microsoft argue that using publicly available content to train AI models constitutes fair use under US copyright law.
Microsoft stated that employee comments in court documents do not represent the company's legal position.

The Lawsuit

The New York Times, New York Daily News, and other media organizations allege that OpenAI used millions of copyrighted articles without permission to train ChatGPT. Plaintiffs include Ziff Davis publications, The Intercept, and the Center for Investigative Reporting. Publishers claim OpenAI employees developed methods to access paywalled content. The lawsuit argues that OpenAI's commercial AI products could replace news content, harming publishers.

Internal Communications

Nick Turley, head of the ChatGPT team, described AI as an 'existential threat' to publishers in 2023. In 2024, Turley said AI products would increasingly replace existing content as they improve. Microsoft employees called the use of publisher content to train AI models 'the biggest labor theft in human history' in internal messages. Microsoft stated that these employee comments do not represent the company's legal position.

Fair Use Defense

OpenAI argues that training AI models on publicly available content is fair use under copyright law. Microsoft contends that AI training transforms the content into new outputs, qualifying as fair use under US copyright law. The case's outcome will determine whether training AI models on copyrighted content counts as transformative use. The decision could influence future rules on content use between technology companies and media organizations.