MDL
NYT v. Microsoft & OpenAI
The New York Times Company v. Microsoft Corporation, OpenAI, Inc., et al.
Where it stands
In June–July 2026 the News Plaintiffs moved to amend to allege Microsoft 'tailored its systems to contribute to infringement by OpenAI,' dropping contributory claims against OpenAI while keeping them against Microsoft; Microsoft opposed in July 2026.
Key ruling
April 4, 2025 — Judge Stein largely denied the motions to dismiss, sustaining direct and contributory copyright infringement and federal trademark dilution while dismissing the DMCA §1202(b) claims and the state unfair-competition-by-misappropriation claim as preempted.
The record
- Court
- S.D.N.Y.
- Case number
- 1:23-cv-11195 (SHS-OTW)
- Filed
- 2023-12-27
- Defendants
- Microsoft Corporation · OpenAI, Inc. · OpenAI LP and affiliated OpenAI entities
- Plaintiffs
- The New York Times Company, a single corporate news publisher (not a class)
- Technology at issue
- ChatGPT, GPT-4, Microsoft Copilot / Bing Chat
- Relief sought
- Billions in statutory and actual damages plus destruction of models and training datasets containing Times works
Claims pleaded
Sources (3)
- New York Times v. Microsoft Corp.Loeb & Loeb LLP · 2025-04-04
- AI Infringement Case Updates: June 29, 2026McKool Smith · 2026-06-29
- AI Infringement Case Updates: November 23, 2024McKool Smith · 2024-11-23
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.