The New York Times Co. v. Microsoft Corp. & OpenAI — Copyright Infringement (S.D.N.Y.)
S.D.N.Y. · The New York Times Co. v. Microsoft Corp., No. 1:23-cv-11195 (S.D.N.Y.)
The New York Times sued OpenAI and Microsoft in December 2023, alleging the companies copied millions of Times articles to train GPT models and that ChatGPT regurgitates Times content verbatim. The case is the most consequential of the news-publisher AI training-data suits and is in discovery; in March 2025 Judge Sidney Stein largely denied OpenAI's motion to dismiss, allowing the direct, contributory, and DMCA claims to proceed.
Technical detail
The New York Times Co. v. Microsoft Corp., No. 1:23-cv-11195 (S.D.N.Y., filed Dec. 27, 2023; Judge Sidney H. Stein). Claims: direct copyright infringement, vicarious / contributory infringement, DMCA § 1202 (removal of copyright-management information), common-law unfair competition by misappropriation, trademark dilution. March 26, 2025 Opinion & Order: motion to dismiss denied as to direct infringement, contributory infringement, and DMCA claims; trademark dilution and certain state-law claims dismissed. Consolidated for pretrial purposes with the Daily News, Center for Investigative Reporting, and other publisher cases as In re OpenAI ChatGPT Litigation (MDL-3143 pending) — informal coordination before Judge Stein. Discovery ongoing as of June 2026.
Who is protected: Copyright holders whose works were allegedly used to train OpenAI's GPT models without license
Who must comply: OpenAI (developer), Microsoft (Azure host and commercial distributor of GPT models)
Key facts
| Jurisdiction | S.D.N.Y. |
|---|---|
| Level | Federal |
| Status | Blocked / in litigation |
| Protection strength | Moderate protection |
| Effective date | 2023-12-27 |
| Citation | The New York Times Co. v. Microsoft Corp., No. 1:23-cv-11195 (S.D.N.Y.) |
| Topics | copyright and training data · AI disclosure and transparency |
| Last verified | 2026-06-17 |
| Official source | NYT v. Microsoft / OpenAI — CourtListener docket 1:23-cv-11195 ↗ |
More AI rules in S.D.N.Y.
- Authors Guild v. OpenAI · Blocked / in litigation
- CIR v. OpenAI · Blocked / in litigation
- Daily News v. OpenAI · Blocked / in litigation
- Intercept v. OpenAI · Blocked / in litigation
- UMG v. Udio · Blocked / in litigation
- Lehrman v. Lovo · Blocked / in litigation
Related copyright and training data rules elsewhere
- Copyright Office AI Guidance · In effect
- USPTO AI Inventorship Guidance · Repealed / replaced
- AB 2013 (Training Data Transparency) · In effect
- ELVIS Act · In effect
- SSB 5886 (WA Digital Likeness Rights) · In effect
- AR Generative AI Ownership Act (Act 927) · In effect
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.