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USA Today sues OpenAI over alleged use of news content in AI training

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USA Today Co and several newspapers it owns have sued OpenAI in Manhattan federal court, alleging their copyrighted content was used to train its large language models. The case puts another major news publisher’s challenge to AI training practices before a judge, though the allegations are not findings of fact.

OpenAI Watch analysis

What happened

Reuters reports that the suit was filed on 8 October in the US District Court for the Southern District of New York. The case is USA Today Co v. OpenAI Foundation, No. 1:26-cv-08892. Reuters’s report says the plaintiffs allege copyright infringement through the use of their content to train OpenAI’s models.

The report identifies Steven Lieberman of Rothwell Figg Ernst & Manbeck as counsel for USA Today. It says attorney information for OpenAI was not yet available. The Reuters excerpt does not include a response from OpenAI.

Why it matters

The case adds another publisher to the legal challenge over whether and how copyrighted material may be used to train AI systems. Its outcome could matter to the terms on which publishers license content, and to the legal arguments AI companies rely on when using material in training.

For now, the useful distinction is simple: a suit has been filed, and it makes allegations. The filing does not establish that infringement occurred or settle how copyright law applies to AI training.

Our read

This is a consequential new case, not a verdict in waiting. The key developments will be the complaint’s specific claims, OpenAI’s response and any early decisions by the court. Copyright disputes have a habit of turning broad arguments about technology into very particular questions about evidence and law.

What to watch

  • The complaint’s detailed allegations and the remedies the plaintiffs seek.
  • OpenAI’s response and any motions addressing the claims.
  • How the case develops alongside other disputes over copyrighted material and AI training.

Discussion spark: Should publishers be able to demand payment when their work is used to train AI models, or should training generally be treated as a legally distinct use?

Sources and evidence

OpenAI Watch is independently operated by WittyWires. It is not affiliated with, endorsed by, or operated by OpenAI.

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