NYT Seeks to Revive Microsoft Copyright Claim Under New Supreme Court Standard
Updated
Updated · Ars Technica · Jun 26
NYT Seeks to Revive Microsoft Copyright Claim Under New Supreme Court Standard
3 articles · Updated · Ars Technica · Jun 26
Summary
A Thursday court filing asks to amend The New York Times' complaint so its contributory infringement claim against Microsoft fits a new Supreme Court test requiring intentional inducement of illegal conduct.
The Times says Microsoft actively encouraged OpenAI to infringe by building a bespoke supercomputing system—ranked among the world's most powerful—to support the use of NYT works.
The amended filing also drops 2 claims—contributory copyright infringement and trademark dilution—against all defendants, while saying no extra discovery is needed and the case schedule would stay intact.
Microsoft called the move a last-ditch effort after unfavorable precedent, but the Times says its core allegation remains that Microsoft and OpenAI used millions of its copyrighted works to compete with its products.
Could The Times' lawsuit force OpenAI to erase ChatGPT's core model and start over?
Is training AI on news transformative fair use or the largest copyright theft in history?
With billion-dollar settlements looming, is the AI industry heading for its own financial crisis?
Copyright on Trial: How The New York Times’ Lawsuit Against OpenAI and Microsoft Could Reshape AI and News Worldwide
Overview
The New York Times has filed a major lawsuit against OpenAI and Microsoft, claiming they scraped and used millions of NYT articles without permission to train AI models like ChatGPT. These AI systems can now reproduce and summarize NYT content for users, bypassing the original publisher and raising concerns about copyright infringement. The core legal issue is whether AI companies can use copyrighted content for training without explicit permission or fair compensation. The outcome of this case could force AI companies to change how they collect and use data, with big implications for journalism and the future of AI.