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S.D.N.Y.Litigation

NYT plaintiffs unseal OpenAI and Microsoft quotes attacking fair-use defense

News plaintiffs led by The New York Times on September 17, 2026 made public previously redacted portions of a Southern District of New York summary-judgment filing against OpenAI and Microsoft. The filing quotes OpenAI and Microsoft executives describing chatbot products as largely substitutive for journalism and characterizing mass scraping of news for training as an unprecedented theft of labor, which the outlets say undercuts the companies' fair-use defense.

Filing (CourtListener RECAP) → · TechCrunch, Ars Technica

Key points

  • OpenAI ChatGPT head Nick Turley wrote publishers face an existential threat from largely substitutive products.TechCrunch
  • Microsoft’s Brent Hecht called scraping news for training the largest theft of labor in human history.TechCrunchArs Technica
  • Microsoft data cited click-through drops of as much as 93% for The New York Times versus Bing search.TechCrunch
  • Filing says OpenAI mid-training datasets held more than 91,692 copies of plaintiffs’ works.TechCrunch
  • Greg Brockman replied “ah nice” when told of a hack around The New York Times paywall.TechCrunchArs Technica
  • Microsoft said Nadella’s and Hecht’s remarks do not represent the company’s copyright legal position.Ars Technica

Sources3 articles across 3 outlets

Filed under

LitigationU.S.S.D.N.Y.Intellectual propertyLitigationTechnologyFor practitionersFor governanceFor vendors