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The New York Times Company v. Microsoft Corporation, OpenAI, Inc., et al., No. 1:23-cv-11195 (S.D.N.Y.), part of In re OpenAI, Inc. Copyright Infringement Litigation, MDL No. 3143

Verified Checked against its sources on 2 sources quoted

Court or authority
US – S.D.N.Y.
Status
Centralized in MDL No. 3143 (Judge Stein); summary judgment briefing under way in October 2026
Filed
December 27, 2023
Case type
Copyright
Plaintiffs or complainants
The New York Times Company
Defendants
Microsoft Corporation and OpenAI entities (OpenAI, Inc., OpenAI LP, OpenAI GP, LLC, OpenAI, LLC, OpenAI OpCo LLC, OpenAI Global LLC, OAI Corporation, LLC, OpenAI Holdings, LLC)
Legal issues
Copyright infringement, unpermitted use of copyrighted content for AI training, Digital Millennium Copyright Act (DMCA), common law unfair competition by misappropriation

Summary

The New York Times sued Microsoft and OpenAI on December 27, 2023, alleging that they used Times content without permission to build and operate their generative-AI products, and asserting direct, vicarious and contributory copyright infringement, Digital Millennium Copyright Act and related claims. On April 4, 2025, Judge Stein denied the motions to dismiss the direct infringement claims for older conduct and the contributory infringement claims, while dismissing some DMCA and misappropriation claims. The case now proceeds with other news and author cases in In re OpenAI, Inc. Copyright Infringement Litigation (MDL No. 3143) in the Southern District of New York, where the news plaintiffs filed their summary judgment brief in October 2026. The claims are allegations.

Key dates

  1. December 27, 2023Filed
  2. October 16, 2026Checked against sources
  3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. For the foregoing reasons, the Court denies (1) OpenAI's motions to dismiss the direct infringement claims involving conduct occurring more than three years before the complaints were filed; (2) defendants' motions to dismiss the contributory copyright infringement claims

    Supports: April 2025 ruling (dated April 4, 2025)

    Opinion on motions to dismiss, NYT v. Microsoft (23-cv-11195), Daily News v. Microsoft, CIR v. OpenAI U.S. District Court, S.D.N.Y. Primary source

  2. COPYRIGHT INFRINGEMENT LITIGATION This Document Relates To: 1:23-cv-11195-SHS-OTW

    Supports: Part of MDL 3143; summary judgment stage (filed 10/16/26)

    News Plaintiffs' Combined Summary Judgment Brief (redacted), Dkt. 2108, No. 25-md-3143 (S.D.N.Y.) U.S. District Court, S.D.N.Y. (via RECAP) Primary source

Suggested citation. Eminence Scan, “The New York Times Company v. Microsoft Corporation, OpenAI, Inc., et al., No. 1:23-cv-11195 (S.D.N.Y.), part of In re OpenAI, Inc. Copyright Infringement Litigation, MDL No. 3143”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/case-016/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

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