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News publishers' summary-judgment brief alleges Microsoft sold OpenAI a copy of the Bing index and ran a secret crawler for it, and that OpenAI's extractors stripped copyright notices
In a 92-page redacted brief filed Oct. 16, 2026 (a second updated public version of their Sept. 4 motion), the News plaintiffs ask the court for summary judgment that OpenAI and Microsoft infringed by acquiring, training on, grounding on and trading their articles, that fair use fails as a matter of law, and that OpenAI intentionally removed copyright management information. The brief alleges that from 2019 to 2022 Microsoft gave OpenAI a copy of the Bing index under the code name Project Taxi, then built and ran a crawler for OpenAI under the name Project Mango and told staff to keep it secret; that an OpenAI researcher told co-founder Greg Brockman about "a hack to get around nytimes paywall"; that Satya Nadella testified paywalled content should be licensed; and that OpenAI's text extractors removed copyright notices from over 99 percent of the asserted articles. What OpenAI paid for the index and the crawler, the number of pages crawled, and three full pages (6, 18 and 86) remain redacted. These are the plaintiffs' characterizations; nothing has been decided. Output and grounding claims are pressed against Microsoft only, pending a sanctions motion against OpenAI.
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