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OpenAI executive, Sam Altman, speaks at a tech conference, discussing AI training and data theft concerns.

Editorial illustration for OpenAI Exec Calls AI Training "Astonishing Theft" in Leaked Message

OpenAI Exec Calls AI Training 'Astonishing Theft'

4 min read

The New York Times and a group of media companies filed a 92-page joint summary judgment brief in US District Court in New York, arguing OpenAI and Microsoft built their chatbots on stolen journalism and then tried to talk their way around it internally. The filing lands in consolidated multidistrict litigation that traces back to the Times' original lawsuit from December 2023, and it now includes the Daily News group (parent of the Chicago Tribune and Denver Post), Ziff Davis (owner of CNET, IGN, and PCMag), the Center for Investigative Reporting (home to Mother Jones), and The Intercept. Damages sought run into the billions, according to the Financial Times.

What makes this brief different from earlier filings is the paper trail behind it. Lawyers for the publishers got their hands on internal emails, Slack messages, and sworn deposition testimony from OpenAI and Microsoft staff during discovery, material that was never meant to see daylight in a courtroom. Some of it, the plaintiffs argue, shows executives second-guessing their own legal defense in real time. One exchange in particular is now part of the public record.

Microsoft's director of applied science, Brent Hecht, called the practice "an astonishing theft of unprecedented proportions" and possibly the "largest theft of labor in human history."

Why this matters

Internal messages like these are the kind of evidence that turns a fair-use defense into a liability. When your own head of product calls the technology "largely substitutive" and describes an "existential threat" to the industry you're training on, that's not a hostile characterization from opposing counsel, that's a party admission. For developers and founders building on top of foundation models, this case is worth tracking closely: if courts start weighing employee testimony over polished legal briefs, the fair-use shield that much of the current AI training pipeline leans on gets a lot thinner.

Researchers should also note what this reveals about internal culture at these labs, people building the products seem more clear-eyed about the competitive and ethical stakes than the public messaging suggests. Billions in potential damages aside, the bigger signal is that the industry's own executives don't fully believe the fair-use argument they're paying lawyers to make. That gap between internal knowledge and external defense is exactly where litigation risk lives, and it's not going away with this filing.

Common Questions Answered

What did Microsoft's director of applied science Brent Hecht call the AI training practice in leaked messages?

Brent Hecht described the practice as "an astonishing theft of unprecedented proportions" and possibly the "largest theft of labor in human history." His characterization was made in internal Microsoft communications that have now become evidence in the consolidated litigation against OpenAI and Microsoft.

Who filed the 92-page joint summary judgment brief against OpenAI and Microsoft?

The New York Times and a group of media companies, including the Daily News group (parent of the Chicago Tribune and Denver Post) and Ziff Davis (owner of CNET), filed the brief in US District Court in New York. This filing is part of consolidated multidistrict litigation that originated from the Times' original lawsuit in December 2023.

How do internal employee statements affect OpenAI and Microsoft's fair-use defense?

Internal messages from company employees describing the training practice as "astonishing theft" and "largely substitutive" transform the fair-use defense into a liability because they constitute party admissions rather than hostile characterizations from opposing counsel. When a company's own leadership acknowledges problematic practices, courts are more likely to weigh this evidence heavily against their legal arguments.

What is the core argument in the media companies' lawsuit against OpenAI and Microsoft?

The media companies argue that OpenAI and Microsoft built their chatbots on stolen journalism and then attempted to justify the practice internally through misleading communications. The lawsuit claims this represents an unprecedented appropriation of copyrighted content without proper compensation or licensing agreements.

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