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United States · US-005

The New York Times v Microsoft and OpenAI

PLEADING SURVIVEDU.S. District Court for the Southern District of New York1:23-cv-11195 and associated publisher actionsPending - claims survived in part
TrainingOutputsSecondary / Contributory LiabilityCopyright Management Information / DMCA §1202Market Harm / SubstitutionMemorisation

Key holding or allegation

An April 2025 ruling allowed important contributory-infringement theories to proceed and treated different CMI theories separately.

Why it matters

Central publisher-versus-GenAI litigation covering training, outputs, substitution and CMI.

Facts

News publishers allege unauthorised use of articles in training and reproduction/substitution through generative outputs.

Issues before the court

Whether direct/secondary infringement and CMI theories were adequately pleaded and ultimately whether training/output practices infringe.

What the court did not decide

The court did not decide the ultimate legality or fair-use status of model training or final infringement liability.

Procedural timeline

2025-04

U.S. District Court for the Southern District of New York
Motion-to-dismiss ruling: Important contributory-infringement theories survived while DMCA section 1202 claims were treated differently by defendant and theory.

PLEADING SURVIVED