AI incident #995 ·

The New York Times Reportedly Sues OpenAI and Microsoft Over Alleged Unauthorized AI Training on Its Content

What happened

The New York Times alleges that OpenAI and Microsoft used millions of its articles without permission to train AI models, including ChatGPT. The lawsuit claims the companies scraped and reproduced copyrighted content without compensation, in turn undermining the Times’s business and competing with its journalism. Some AI outputs allegedly regurgitate Times articles verbatim. The lawsuit seeks damages and demands the destruction of AI models trained on its content.

Only the incident metadata is stored here. The underlying news reports are on the AI Incident Database (CC BY-SA 4.0); use the links above to read them.

News reports (2)

Coverage catalogued by the AI Incident Database. Titles link to the original publisher; the text is not reproduced here.

  1. New York Times sues OpenAI, Microsoft for using articles to train AI
    washingtonpost.com · Gerrit De Vynck, Elahe Izadi · AIID #4996

Who was involved

Alleged deployer
Openai, Microsoft
Alleged developer
Openai, Microsoft
Alleged harmed party
Writers, The New York Times, Publishers, Media Organizations, Journalists, Journalistic Integrity, Epistemic Integrity

Classification (MIT AI Risk Repository taxonomy)

Causal entity
AI
Intent
Unintentional
Timing
Post-deployment
Harm level
Sectors
Countries

Risk entries describing this failure mode

Entries from the MIT AI Risk Repository coded to subdomain 2.1.

  • Risks to privacy

    "General- purpose AI models or systems can ‘leak’ information about individuals whose data was used in training. For future models trained on sensitive personal data like health or financial data, this may lead to partic...

    International Scientific Report on the Safety of Advanced AI (Bengio2024)

  • Risks to privacy

    "General- purpose AI systems can cause or contribute to violations of user privacy. Violations can occur inadvertently during the training or usage of AI systems, for example through unauthorised processing of personal d...

    International AI Safety Report 2025 (Bengio2025)

  • Privacy Leakage

    "Privacy Leakage means the generated content includes sensitive personal information"

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Private Training Data

    "As recent LLMs continue to incorporate licensed, created, and publicly available data sources in their corpora, the potential to mix private data in the training corpora is significantly increased. The misused private d...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Memorization in LLMs

    "Memorization in LLMs refers to the capability to recover the training data with contextual prefixes. According to [88]–[90], given a PII entity x, which is memorized by a model F. Using a prompt p could force the model...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Association in LLMs

    "Association in LLMs refers to the capability to associate various pieces of information related to a person. According to [68], [86], given a pair of PII entities (xi , xj ), which is associated by a model F. Using a pr...

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Privacy Leakage

    "The model is trained with personal data in the corpus and unintentionally exposing them during the conversation."

    Risk Taxonomy, Mitigation, and Assessment Benchmarks of Large Language Model Systems (Cui2024)

  • Privacy and regulation violations

    "Some of the broken systems discussed above are also very invasive of people’s privacy, controlling, for instance, the length of someone’s last romantic relationship [51]. More recently, ChatGPT was banned in Italy over...

    Navigating the Landscape of AI Ethics and Responsibility (Cunha2023)

Incidents in the same risk subdomain

All incidents in this subdomain

Other incidents involving Openai, Microsoft