Third Circuit ROSS ruling peppers news outlets' opposition to ChatGPT fair use defense | MLex | Specialist news and analysis on legal risk and regulation

By Emma Whitford (October 23, 2026, 20:56 GMT | Insight) -- News organizations are suing OpenAI and its investor, Microsoft, over copyright issues. They are pointing to a recent decision by a US appeals court that said using copyrighted works to train artificial intelligence (AI) is not fair use. The news organizations are using this decision to argue against OpenAI and Microsoft's requests for summary judgment, which would allow the judge to decide the case without a full trial. The lawsuits are closely watched in the United States.