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Litigation record/entries/nyt-openai-litigation-0001record as of 2026-08-15 · docket last checked 2026-08-15

The New York Times Company v. Microsoft Corporation and OpenAI

Copyright litigation over alleged use of New York Times works in generative-AI systems, in the U.S. District Court for the Southern District of New York.

Sources carried3 roles, held apart
Established here0 conclusions
Refused1 stronger conclusion
Evidence throughAug 15, 2026

This entry renders a governed record. It shows what its sources establish, what they do not, and who admitted it. Inspect

INSPECTCounterpedia Check · this entryInspect what can currently be checked
Record structure
governed entry shape present
Source custody
3 retained captures available
Digest binding
source digests displayed and inspectable
Admission
counterpedia.intake-authority/v1
DAGR decision
not applicable to this historical admission
SRS receipt
not available
ARCS verification
pinned structural report available
Authenticity
not_evaluated
Signature
not_evaluated
Truth
not a verifier finding
INSPECT means “show me what can be inspected or recomputed for this object.” It does not mean “Counterpedia says this is true.”

The New York Times Company sued Microsoft and OpenAI, alleging that its copyrighted works were used without authorization to develop and operate generative-AI products. This record carries the plaintiff's allegation, the defendants' public position, and a later procedural ruling as three distinct source roles. It does not merge them into a single conclusion, and it does not treat any of them as established fact.

Allegation

Plaintiff allegation · contested
Defendants' unlawful use of The Times's work to create artificial-intelligence products that compete with it threatens The Times's ability to provide that service.[1]

Carried as the plaintiff's pleaded position. It is not established here as fact.

SourceThe New York Times complaintexact-byte capture · Aug 14, 2026sha256:5eb30edb…Inspect
INSPECTSource Check · The New York Times complaintcustody + bytes
Capture
exact-byte capture available
Captured
Aug 14, 2026
Digest
sha256:5eb30edbdedf0af0…
Origin
storage.courtlistener.com
Authenticity
not_evaluated
Signature
not_evaluated
Exact bytes are inspectable. Exact bytes do not by themselves establish authenticity or truth.

Positions of the parties

Defendant position · unresolved
Training AI models using publicly available internet materials is fair use.[2]

Carried as OpenAI's public statement. It is not independent verification, and it is not established here as fact.

SourceOpenAI public fair-use statementarchived capture · Aug 15, 2026sha256:f886a23f…Inspect
INSPECTSource Check · OpenAI public statementarchive + custody
Capture
archived Wayback capture available
Captured
Aug 15, 2026
Digest
sha256:f886a23fe9ad8c38…
Origin
web.archive.org
Live origin
not relied upon here
Authenticity
not_evaluated
The archive proves the retained bytes we captured. It does not independently validate the substance of OpenAI’s position.

Procedural history

Judicial procedural treatment · merits not addressed

A later district-court opinion granted and denied portions of the defendants' Rule 12(b)(6) motions.[3] The carried ruling narrows certain claims. It does not decide the fair-use question on the merits.

SourceS.D.N.Y. Rule 12(b)(6) opinion, ECF No. 514exact-byte capture · Aug 15, 2026sha256:1944d092…Inspect
INSPECTSource Check · S.D.N.Y. ECF No. 514custody + scope
Capture
exact-byte capture available
Captured
Aug 15, 2026
Digest
sha256:1944d092241e9891…
Origin
storage.courtlistener.com
Role
judicial procedural treatment
Fair-use merits
not addressed in the carried ruling
Truth
not a verifier finding
CHECK can confirm the retained judicial artifact and its scoped record role. It does not transform a procedural ruling into a merits holding.

Inspect this Check (ECF-514)

Not established on this record

Refused
“The court held that OpenAI's training on New York Times works was lawful fair use.”
Why
The carried judicial source is a dismissal-stage procedural ruling. It does not reach a fair-use holding on the merits.
What stands instead
The court narrowed certain claims at the pleading stage. That is the only judicial proposition this record carries.
Reopens if
A later merits-stage ruling on the fair-use question enters the record.
Bound to
ECF No. 514

Refused does not mean false. It means this conclusion does not currently hold on this record. Open the full refusal →

References

  1. The New York Times Company complaint.
    capture exact-byte · 2026-08-14
    source /sources/nyt-openai/plaintiff-complaint
    sha256 5eb30edbdedf0af0ec0c66e8e85a4fca3446610817dd0511fce9f7241572ea53
    origin storage.courtlistener.com/recap/…612697.1.0_1.pdf ↗
  2. OpenAI public fair-use statement.
    capture archived (Wayback) · 2026-08-15
    source /sources/nyt-openai/defendant-statement
    sha256 f886a23fe9ad8c38c640f3521b69e88df139fde4f5ad1e84bfbf209afd90392b
    origin web.archive.org/web/2024…/openai.com/index/openai-and-journalism/ ↗
  3. S.D.N.Y. Rule 12(b)(6) opinion, ECF No. 514.
    capture exact-byte · 2026-08-15
    source /sources/nyt-openai/judicial-opinion
    sha256 1944d092241e9891baa8136be8463ce30bf3c7fd6a285697cb6f8c1dce592587
    origin storage.courtlistener.com/recap/…612697.514.0_1.pdf ↗

Documentary sources

5 associated documentary sources

Documentary association is not citation, claim support, admission, or verification. It records only that a governed owner-class writer accepted this source as materially belonging to this entry’s documentary record for the stated role and relevance basis. It does not establish, confirm, or back any statement made in this entry and carries no standing or authenticity finding.

  • Documentary associationsource:nyt-openai:no-s09-cooper-grimmelmann-memorization-analysisTechnical context

    Relevance basis: Governed editorial determination

  • Documentary associationsource:nyt-openai:no-s03-judicial-opinionSubsequent development

    Relevance basis: Governed editorial determination

  • Documentary associationsource:nyt-openai:no-s01-plaintiff-complaintPrimary record

    Relevance basis: Governed editorial determination

  • Documentary associationsource:nyt-openai:no-s02-defendant-statementActor / entity context

    Relevance basis: Governed editorial determination

  • Documentary associationsource:nyt-openai:no-s10-freeman-et-al-memorization-analysisTechnical context

    Relevance basis: Governed editorial determination

Record provenance Inspect
Edition
1
Supersedes
none
Decision
admit
Admitting authority
counterpedia.intake-authority/v1
Renderer
Counterpedia ArticleV02 · presentation only
Policy
not separately bound on this historical intake
Proposal digest
sha256:3208e01d31747d44…
Source bundle
sha256:cde58448384131d3…
Verify report
sha256:bd7f03df6e4ab5ec…

Admitted under Counterpedia's own intake authority; an external-authority transition is a named, pending step. The renderer does not decide standing, and independent verification checks structure, not truth.

Edition history: this is edition 1 and it declares no superseded predecessor. Decision and standing history: not available on this pilot record. The comparison below is a changed-input proof over declared research inputs. It is not edition history.

Changed-input comparison · not edition history

A real changed-input proof, not a rewritten history

Before snapshot

2 sources

NO-S01 + NO-S02

Judicial treatment: not_in_declared_snapshot

Expanded snapshot

3 sources

NO-S01 + NO-S02 + NO-S03

Judicial treatment: not_addressed

Changed result paths: source_count, represented_roles, judicial_treatment_state.

Both are declared research-input snapshots. They are not “what Counterpedia believed” at two historical moments, and a changed result does not mean the prior snapshot was wrong.

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