Publishers Seek Summary Judgment in OpenAI and Microsoft Lawsuit

The New York Times, Mother Jones, and several other news outlets have filed for summary judgment in a consolidated federal lawsuit against OpenAI and Microsoft Corporation. The publishers allege the companies stole copyrighted material to train artificial intelligence tools and argue that internal documents invalidate the defendants' fair use defense.

Newly revealed documents suggest executives recognized their products posed an existential threat to publishers. The filings claim that Microsoft internal communications admitted its AI content strategy started a doom loop that would degrade web quality and reduce website traffic. Additionally, the publishers allege that OpenAI cofounder Greg Brockman approved a hack to bypass the paywall of The New York Times.

OpenAI head of ChatGPT Nick Turley reportedly described the AI tools as largely substitutive of the original content. The publishers contend these admissions prove the companies intentionally sought to replace the sources they relied upon for training. The case is currently being heard in the Southern District of New York.