ViqusViqus
Navigate
Company
Blog
About Us
Contact
System Status
Enter Viqus Hub

New NYT Lawsuit Details AI 'Theft,' Exposing Tech Giants' Concerns Over Content Supply

copyright law generative AI copyright infringement AI scraping fair use defense OpenAI Microsoft
September 17, 2026
Source: TechCrunch AI
Viqus Verdict Logo Viqus Verdict Logo 8
Legal Crisis: Admissions Challenge 'Fair Use' Pillar
Media Hype 7/10
Real Impact 8/10

Article Summary

New, unredacted information in The New York Times' copyright lawsuit against OpenAI and Microsoft suggests that both tech giants were aware of the significant legal and economic risks posed by their AI training practices. Internal documents and testimony detail how the companies allegedly built massive training datasets by circumventing paywalls, mass-scraping copyrighted news content, and deliberately stripping copyright notices. Key admissions include descriptions of this process as 'theft' and acknowledging that the AI output directly substitutes for the original paid content, creating a potential 'doom loop' for publishers. This suggests that the 'fair use' defense, which is central to the current legal debate, may be challenged by internal corporate admissions regarding market harm.

Key Points

  • Executive admissions within the lawsuit characterize the use of copyrighted material for AI training as 'theft' and a threat to publishers' economic foundation.
  • Internal documents show the scraping process involved bypassing paywalls undetected and deliberately obscuring copyright information from the training data.
  • Tech leaders acknowledged that the AI models' utility lies in directly substituting for original content, impacting the market for the source material (e.g., Copilot lowering NYT click-through rates by 93%).

Why It Matters

This is crucial material for legal scholars, media organizations, and policymakers. While the core legal battle over 'fair use' remains unsettled, these admissions significantly weaken the companies' legal defense, providing concrete evidence that the deployment of generative AI was intended to be substitutive—and potentially harmful—to the original content creators. It raises high-stakes questions about compensation, data rights, and the true economic model of foundation model deployment that require immediate regulatory attention.

You might also be interested in