New York Times sues Microsoft, ChatGPT maker OpenAI over copyright infringement
The New York Times on Wednesday filed a lawsuit against Microsoft and OpenAI, creator of the popular AI chatbot ChatGPT, accusing the companies of copyright infringement and abusing the newspaper’s intellectual property to train large language models.
Microsoft both invests in and supplies OpenAI, providing it with access to the company’s Azure cloud computing technology.
The publisher said in a filing in the U.S. District Court for the Southern District of New York that it seeks to hold Microsoft and OpenAI to account for the “billions of dollars in statutory and actual damages” it believes it is owed for the “unlawful copying and use of The Times’s uniquely valuable works.”
The Times said in an emailed statement that it “recognizes the power and potential of GenAI for the public and for journalism,” but added that journalistic material should be used for commercial gain with permission from the original source.
“These tools were built with and continue to use independent journalism and content that is only available because we and our peers reported, edited, and fact-checked it at high cost and with considerable expertise,” the Times said.
The New York Times Building in New York City on February 1, 2022.
Angela Weiss | AFP | Getty Images
“Settled copyright law protects our journalism and content,” the Times added. “If Microsoft and OpenAI want to use our work for commercial purposes, the law requires that they first obtain our permission. They have not done so.”
“We respect the rights of content creators and owners and are committed to working with them to ensure they benefit from AI technology and new revenue models,” an OpenAI representative said in a statement. “Our ongoing conversations with the New York Times have been productive and moving forward constructively, so we are surprised and disappointed with this development. We’re hopeful that we will find a mutually beneficial way to work together, as we are doing with many other publishers.”
A representative for Microsoft didn’t respond to requests for comment.
The Times is represented in the proceedings by Susman Godfrey, the litigation firm that represented Dominion Voting Systems in its defamation suit against Fox News that culminated in a $787.5 million million settlement.
Susman Godfrey is also representing author Julian Sancton and other writers in a separate lawsuit against OpenAI and Microsoft that accuses the companies of using copyrighted materials without permission to train several versions of ChatGPT.
‘Mass copyright infringement’
The Times is one of numerous media organizations pursuing compensation from companies behind some of the most advanced artificial intelligence models, for the alleged usage of their content to train AI programs.
OpenAI is the creator of GPT, a large language model that can produce humanlike content in response to user prompts. It uses billions of parameters’ worth of information, which is obtained from public web data up until 2021.
Media publishers and content creators are finding their materials being used and reimagined by generative AI tools like ChatGPT, Dall-E, Midjourney and Stable Diffusion. In numerous cases, the content the programs produce can look similar to the source material.
OpenAI has tried to allay news publishers’ concerns. In December, the company announced a partnership with Axel Springer — the parent company of Business Insider, Politico, and European outlets Bild and Welt — which would license its content to OpenAI in return for a fee.
The financial terms of the deal weren’t disclosed.
In its lawsuit Wednesday, the Times accused Microsoft and OpenAI of creating a business model based on “mass copyright infringement,” stating that the companies’ AI systems were “used to create multiple reproductions of The Times’s intellectual property for the purpose of creating the GPT models that exploit and, in many cases, retain large portions of the copyrightable expression contained in those works.”
Publishers are concerned that, with the advent of generative AI chatbots, fewer people will click through to news sites, resulting in shrinking traffic and revenues.
The Times included numerous examples in the suit of instances where GPT-4 produced altered versions of material published by the newspaper.
In one example, the filing shows OpenAI’s software producing almost identical text to a Times article about predatory lending practices in New York City’s taxi industry.
But in OpenAI’s version, GPT-4 excludes a critical piece of context about the sum of money the city made selling taxi medallions and collecting taxes on private sales.
In its suit, the Times said Microsoft and OpenAI’s GPT models “directly compete with Times content.”
The AI models also limited the Times’ commercial opportunities by altering its content. For example, the publisher alleges GPT outputs remove links to products featured in its Wirecutter app, a product reviews platform, “thereby depriving The Times of the opportunity to receive referral revenue and appropriating that opportunity for Defendants.”
The Times also alleged Microsoft and OpenAI models produce content similar to that generated by the newspaper, and that their use of its content to train LLMs without consent “constitutes free-riding on The Times’s significant efforts and investment of human capital to gather this information.”
The Times said Microsoft and OpenAI’s LLMs “can generate output that recites Times content verbatim, closely summarizes it, and mimics its expressive style,” and “wrongly attribute false information to The Times,” and “deprive The Times of subscription, licensing, advertising, and affiliate revenue.”
— CNBC’s Rohan Goswami contributed to this report.
Don’t miss these stories from CNBC PRO:
Technology
From the New Testament to Nixon: Takeaways from Palantir CEO Alex Karp’s shareholder letter
A Waymo self-driving vehicle seen in Phoenix, Arizona, on Feb. 27, 2025.
Leslie Josephs | CNBC
Alphabet-owned Waymo and the auto manufacturing giant Magna International plan to double robotaxi production at their new plant in Mesa, Arizona, by the end of 2026, the companies announced Monday.
The “Waymo Driver Integration Plant,” a 239,000 square foot facility outside of Phoenix, will assemble more than 2,000 Jaguar I-PACE robotaxis, the Alphabet company said in a statement. Waymo will add those self-driving vehicles to its existing fleet that already includes around 1,500 robotaxis.
The plant will be “capable of building tens of thousands of fully autonomous Waymo vehicles per year,” when it is fully built out, Waymo said. The company also said it plans to build its more advanced Geely Zeekr RT robotaxis that feature its “6th-generation Waymo Driver” technology later this year at the plant.
Waymo and Magna opened the Mesa plant in October, Forbes reported Monday.
The Alphabet-owned company started its commercial robotaxi service in Phoenix in 2020 and now calls the area its domestic manufacturing home.
Already, Waymo is conducting 250,000 paid, driverless rides per week across its service areas in Austin, the San Francisco Bay area, Los Angeles and Phoenix, and the company is planning to begin serving the Atlanta; Miami; and Washington, D.C., markets in 2026.
Alphabet CEO Sundar Pichai last month said Waymo has not strictly defined its long-term business model yet, and there is “future optionality around personal ownership” of vehicles equipped with Waymo’s self-driving technology. A week later, Waymo and Toyota announced a preliminary partnership to potentially bring the self-driving tech to personally owned vehicles.
A would-be Waymo competitor, Tesla has said it plans to launch a robotaxi service in Austin in June using the company’s Model Y SUVs and its Unsupervised Full Self-Driving technology.
Tesla CEO Elon Musk has criticized Waymo’s approach to driverless tech, saying the cars by his competitor cost “way more money” than his company’s.
Waymo systems employ more sophisticated and expensive sensors than Tesla vehicles do. Waymo vehicles rely on radar and lidar sensors alongside cameras and sonar to get around. Tesla’s systems mostly rely on cameras.
However, Waymo has beat Tesla to the market with its robotaxis, and now stands to more than double its U.S. fleet by the end of 2026. Tesla does not yet offer vehicles that are safe to use without a human at the wheel ready to steer or brake at any time.
-
Sports3 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports1 year agoStory injured on diving stop, exits Red Sox game
-
Sports2 years agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports4 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business3 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway