• by Ray Schultz , March 26, 2025

A federal court has denied motions by OpenAI and Microsoft to dismiss the copyright infringement case brought against them last year by eight newspapers owned by MediaNewsGroup and Tribune Publishing, by the Center for Investigative Reporting and by the New York Times.  

U.S. District Judge Sidney H. Stein said he will issue an opinion later on the reasons for his decision. But for now, Stein said he denies: 

OpenAI's motions to dismiss the direct infringement claims involving conduct occurring more than three years before the complaints were filed; the defendants' motions to dismiss the contributory copyright infringement claims; and the defendants' motions to dismiss the state and federal trademark dilution claims in the New York Daily News action. 

"We are very pleased with Judge Stein’s ruling, determining that we can proceed on virtually all of our claims,” says Steven Lieberman, attorney for MediaNews Group and Tribune Publishing  “We appreciate the opportunity to present a jury with the facts about how OpenAI and Microsoft are profiting wildly from stealing the original content of newspapers across the country."

The judge did dismiss the “common law unfair competition by misappropriation claims and OpenAI's motion to dismiss the abridgment claims in the CIR (Center for Investigative Reporting) action, and dismisses each of those claims with prejudice.” 

In addition, Stein dismissed certain DMCA (Digital Millennium Copyright Act) claims filed by the plaintiffs and by The New York Times. 

Frank Pine, executive editor of MediaNews Group and Tribune Publishing, states, "The claims the court has dismissed do not undermine the main thrust of our case, which is that these companies have stolen our work and violated our copyright in a way that fundamentally damages our business.” 

The lawsuit against OpenAI and Microsoft was filed last April by eight newspapers owned by Alden Global Capital’s MediaNews Group, and Tribune Publishing. They include Mercury News, Denver Post, Orange County Register and St. Paul Pioneer-Press; Tribune Publishing’s Chicago Tribune, Orlando Sentinel and South Florida Sun Sentinel; and New York Daily News.

The Center for Investigative Reporting (CIR), which operates Mother Jones magazine and the Reveal radio show, sued OpenAI and Microsoft in June. Those cases were later consolidated. 

The case is on file with the U.S. District Court for the Southern District of New York.