What did the New York Times just file against OpenAI and Microsoft?
The New York Times requested permission on June 25, 2026, to file a third amended copyright complaint against OpenAI and Microsoft. The move updates a lawsuit the Times originally filed in 2023. The core allegation — that both companies used Times articles to train AI models without authorization — remains intact.
According to MLex's report on the proposed third amended complaint, the new filing also modifies one claim against Microsoft while dropping a separate claim against OpenAI.
What are the new claims against Microsoft?
The third amended complaint expands the contributory infringement claims against Microsoft. Contributory infringement is a legal theory holding that a party can be liable for copyright violations if it knowingly helps another party commit them.
The Times now alleges that Microsoft provided OpenAI with "services" that were specifically tailored to download copyrighted works for use in AI training. That framing puts Microsoft's role in the alleged infringement more directly in the spotlight.
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The Times also alleges that Microsoft encouraged OpenAI to use its copyrighted content in the first place, per Pluang's summary of the updated filing.
What is the original lawsuit about?
The Times first sued OpenAI and Microsoft in 2023. The lawsuit accuses both companies of copyright infringement for using Times articles to train AI models, including ChatGPT. The Times argues that this use was unauthorized and harmed its business.
This third amended complaint is the latest step in that ongoing litigation. The Times has stated that its core claims have not changed despite the new amendments.
Here's what we know so far: the amendments sharpen the legal theory against Microsoft specifically, while the broader copyright dispute over AI training data continues to move through the courts.
What has changed between the original complaint and the third amended version?
| Version | Key Change |
|---|---|
| Original 2023 complaint | Copyright infringement claims against OpenAI and Microsoft over AI training data |
| Third amended complaint (June 25, 2026) | Expanded contributory infringement claims against Microsoft; one claim against OpenAI dropped; new allegation that Microsoft provided tailored services to download copyrighted works |
Why does this case matter for AI training data?
The NYT v. OpenAI case is one of the most closely watched AI copyright litigation disputes in the United States. It directly tests whether using published news content to train large language models constitutes copyright infringement.
The outcome could affect how AI companies source training data going forward. The case also raises questions about the liability of infrastructure providers — like Microsoft — when their services are used in the training process.
The broader debate over AI and labor in the content industry has drawn attention from executives across the tech world, including commentary on AI's economic impact on knowledge workers.
What is the current status of the case?
As of June 25, 2026, the Times has proposed — but not yet formally filed — the third amended complaint. The request to amend must still be approved before the new claims become part of the active litigation.
The case is tracked publicly by the AI Lawsuit Tracker, which lists it as New York Times v. OpenAI. The next concrete step is a court ruling on whether the proposed amendment will be allowed.
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