USA Today Co. filed a lawsuit against OpenAI and Microsoft on October 8, 2026. The publisher alleges that the companies scraped articles from 19 affiliated publications without authorization and is seeking over $250 million in damages.
This case follows a series of legal actions against OpenAI, including a lawsuit from The New York Times initiated in December 2023. Many of these claims have been consolidated into a multidistrict litigation process, which has led to court orders requiring OpenAI to disclose millions of ChatGPT logs.
OpenAI bases its defense on the fair use doctrine, arguing that its model training is transformative and does not compete with the original content. Conversely, publishers claim that the unauthorized use of their work negatively impacts their revenue.
On September 2, 2026, the US Department of Justice intervened in support of OpenAI. The government filed a brief arguing that training large language models on copyrighted material falls within the fair use doctrine, citing national interest in AI development.
The outcome of these proceedings, including pending motions for summary judgment discussed around September 4, 2026, could significantly impact the future of AI data collection. Microsoft's status as a co-defendant remains a key point for investors.
