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Freedom251 › Blog › AI

Microsoft and OpenAI Face Copyright Suit From 26 News Publishers

By Freedom251 Team · · 3 min read

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Twenty-six local, regional and specialty news publishers sued Microsoft and OpenAI entities in federal court on September 16, 2026, alleging that the companies used their journalism to train AI products without permission and that the systems can reproduce their work. Those are allegations in a complaint, not findings of infringement; the claims have not been tested in court.

Who filed the lawsuit?

Times Publishing Company, publisher of the Tampa Bay Times, filed Times Publishing Company v. Microsoft Corporation in the U.S. District Court for the Southern District of New York. The case number is 1:26-cv-08082. The complaint names Microsoft and OpenAI entities as defendants and 26 publishers as plaintiffs. Bloomberg Law reported that the groups collectively represent about 160 news publications, including the Tampa Bay Times, the Austin Chronicle and Florida Trend.

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Tech Policy Law’s case summary describes the complaint and its claims. The figure of about 160 refers to publications represented by the publisher groups; it is not a measure of how much material was allegedly copied or proof that infringement occurred.

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What do the publishers allege?

The publishers allege that Microsoft and OpenAI crawled their websites, including paywalled material, and copied articles to train ChatGPT and Microsoft Copilot. They also allege that copyright-management information, including author credits and copyright notices, was removed, and that models could reproduce their reporting. The case tracker identifies direct and vicarious copyright infringement claims, as well as a claim under Section 1202 of the Digital Millennium Copyright Act concerning removal of copyright-management information.

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The complaint summary draws an important distinction about who brings which claims: Times Publishing Company alone asserts the direct and vicarious infringement claims relating to its registered works; all 26 plaintiffs bring the DMCA claim against the OpenAI defendants. These allegations have not been established by a court.

What are the publishers asking the court to do?

According to the complaint summary, the requested relief includes statutory and compensatory damages, a permanent injunction, and an order requiring removal of Times Publishing Company’s registered works from GPT and other models and training sets. These are requests made by the plaintiffs, not orders the court has granted.

How have Microsoft and OpenAI responded?

New England Public Media reported that an OpenAI spokesperson said the company’s models are trained on publicly available data and grounded in fair use, adding that they help people and support areas including creative work, science and medical research. That is OpenAI’s position on the allegations, not a court ruling on whether the specific conduct in this case is fair use.

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Microsoft told NEPM it respects the role news organizations play and has partnered with them to safeguard journalism. The company also argued that copyright law does not let publishers block transformative technologies that do not replace protected expression, and that rightsholders must adapt to technological progress. Those are Microsoft’s arguments in response to the complaint.

NEPM also quoted Brian Zayatz, managing editor of The Shoestring, supporting the publishers’ view that compensation may be appropriate and describing the alleged conduct as theft. Zayatz’s characterization is a party-side view of the dispute, not a finding by a court. NEPM reported that The Shoestring’s dataset contained more than 68,000 tokens; that figure concerns that outlet’s dataset as described by its managing editor, not a court finding about the other plaintiffs.

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What happens next, and how does this suit relate to other cases?

The AI Lawsuit Tracker reported the complaint filed and the case active in its review of court records dated September 27, 2026. It also said the plaintiffs sought coordination with the OpenAI copyright multidistrict litigation. That is a dated procedural snapshot, not confirmation of the docket’s status after September 27; later developments are not established by the reviewed coverage.

This is a separate case from other publisher lawsuits. TechCrunch reported that The Seattle Times and Newsday filed a separate suit on September 5, 2026. The New York Times case is another distinct lawsuit. The available reporting does not establish that the September 16 Times Publishing complaint amended or extended either case.

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The scale of the dispute remains a matter for the legal process: the reported counts describe the publishers and publications involved, not proven copying or a measured effect on local journalism. The court will have to consider the claims and the defendants’ positions before infringement or liability can be determined.

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