Sep. 24, 2025
The AI revolution: How New York Times v. Open AI is shaping the law's newest frontier
The landmark New York Times v. OpenAI case, arising from alleged copyright violations by ChatGPT and CoPilot, is shaping the emerging legal landscape for artificial intelligence by raising questions about IP rights, data privacy, evidentiary privileges, and corporate liability that could define AI regulation for years to come.
Amanda Herron
Senior Counsel
Gordon Rees Scully Mansukhani, LLP
Her practice focuses on corporate counseling, complex commercial and employment litigation, and artificial intelligence.
As artificial intelligence emerges as humanity's newest frontier, the law is racing to catch up with technology that learns faster than legislatures can legislate. One ongoing case is at the center of the new frontier: New York Times Co. v. Microsoft Corp., et al., No. 1:23-cv-11195, (S.D.N.Y. filed Dec. 27, 2023) (hereinafter, OpenAI). More than just a copyright case, OpenAI may be the digital age equivalent of Marbury v. Madison and will define h...
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