Microsoft Says Copilot Rarely Reproduces NYT Articles
The New York Times, the Center for Investigative Reporting and book authors have sued Microsoft and OpenAI, alleging their copyrighted journalism and books were used without permission to train generative AI products that now compete with the originals. The dispute centers on whether such training is protected as fair use and whether Copilot can reproduce enough source material to act as a substitute. The publishers’ and authors’ claims have been consolidated before one judge despite objections from the plaintiffs.
Microsoft sought summary judgment on Sept. 4, 2026, citing an analysis of 8.2 million Copilot chats produced in discovery. Of those, 59,545 contained at least 16 words overlapping with news material used to ground the system, while a Center for Investigative Reporting expert identified 51 instances of substantial overlap. An expert in the authors’ case found just 24 responses with at least 30 matching words; only 10 of 212 books examined produced any match.
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The history behind this eventSeattle Times, Newsday Sue OpenAI and Microsoft Over Copyright
Publishers and technology companies are locked in a widening dispute over whether copyrighted journalism can be used without permission to train generative artificial intelligence. The Seattle Times and Long Island newspaper Newsday argue that products including ChatGPT and Copilot benefit commercially from original reporting without paying licensing fees, threatening publishers’ subscription revenue, web traffic and ability to fund news gathering.
The newspapers sued OpenAI and Microsoft in Manhattan federal court on April 30, 2025, alleging their AI systems copied and reproduced copyrighted articles without authorization. They are seeking damages, an injunction and the destruction of models incorporating their content, though no specific monetary claim was disclosed. Microsoft said it was surprised by the lawsuit and remained willing to discuss the dispute with publishers.
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