Paywall violation ‘eviscerates’ fair use defense: What OpenAI-NYT twist means for publishers

September 21, 2026

A new tranche of internal emails and analysis in The New York Times’ lawsuit against OpenAI and Microsoft spells out what publishers have suspected for years: tech giants treated their journalism as free fuel for AI products that could ultimately wipe out the businesses that created it.

TOP STORY

AI Revenue Generation

Paywall violation ‘eviscerates’ fair use defense: What OpenAI-NYT twist means for publishers

For publishers, the newly unsealed material doesn’t just bolster their legal case; it validates years of frustration over how their work has been treated.

OTHER THINGS TO KNOW

Join us Oct. 13 for Digiday Media Strategies London, bringing together senior publishing executives from across the UK and EU for candid conversations, valuable connections and actionable insights. Connect one-on-one in 6-minute meetings, swap ideas in collaborative town halls and network over coffee, bowling and cocktails.
On Sept. 22 at 1 p.m. ET, join this webinar to learn how Tastemade, the New York Post and Sports Illustrated are turning audience fragmentation and platform constraints into new revenue opportunities. Partner insights from TripleLift.
From Digiday’s sister brand Glossy: A TikTok spike or influencer mention can break an e-commerce operation that is not built to respond to demand in real time. These moments create opportunities, but they also expose the limits of brand operations. Partner insights from GXO Direct.

MEDIA & PLATFORMS

Google on Trial

Can adland realistically reduce its reliance on Google’s vertically integrated ad stack?

The court has ordered Google to open up its ad tech stack, but can interoperability alone can loosen its grip on the market.

Member exclusive

Media Buying Briefing: Handicapping the fight to win over Coca-Cola's North American media

WPP seems to be in the catbird seat to hold onto Coca-Cola’s global media business. But will Omnicom or Dentsu win North American media?

PARTNER INSIGHTS FROM AFFINITY

Live session: Why CTV is more than an awareness-only channel

Register for this webinar on Oct. 14 at 10 a.m. ET for insights into how marketers are compressing the CTV-to-conversion journey and driving measurable performance.

MARKETING

Retail Media Rewritten

The case for and against retail media networks as brand-building channels

Retail media networks pitch brand-building on shopper data, but ROI metrics, costs and budget fights hold them back.

Content & Commerce

Pinterest unveils new suite of ad tools, including Visual Search Ads, in its pitch to brands

For brands, Pinterest executives said, the opportunity is huge. Pinterest’s user base is growing and, importantly for many companies, young.

PARTNER INSIGHTS FROM ARC XP

AI summaries reshape how audiences consume news

As AI summaries drive zero-click search, publishers are feeling the impact. Seventy-six percent of respondents to a new Digiday and Arc XP survey said audiences now favor summary-first content.

PARTNER INSIGHTS FROM AUDACY

Why brands and agencies are taking a closer look at podcast advertising

With the time people spend listening to podcasts increasing by 380% over the last 10 years, podcast advertising is no longer an experimental line item for many marketers.