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Exhibit Public Redacted Memorandum of Law – #1977, Att. #1 in In Re: OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 1:25-md-03143) – CourtListener.com
LETTER addressed to Judge Sidney H. Stein from Davida Brook dated September 17, 2026 re: Public, Redacted Version of News' Plaintiffs' Memorandum of Law. Document filed by Daily News LP, The Center fo...
![This case is about, as Microsoft’s Director of Applied Science put it, “an astonishing theft
of unprecedented proportions”; SF1437, perhaps the “largest theft of labor in human history.”
SF1652. Defendants repeatedly copied millions of Plaintiffs’ copyrighted articles in their entirety
without permission to produce substitutive commercial AI products. OpenAI’s Head of ChatGPT
wrote that “[p]ublishers” face an “existential threat” from those products, SF1466, which, he said,
“are largely substitutive, period” and “will get more and more substitutive as they get better.”
SF1473-74. Such admissions eviscerate Defendants’ “fair use” defense because substitution is
“copyright’s bête noire.” Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S.
508, 528 (2023). For Defendants to prevail on this defense “would,” the same Microsoft executive
recognized, arguably “make a complete mockery of the idea of ‘fair use.’” SF1450.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:g6asx7scljsgdu3vqwtyfszj/bafkreigjgd7igfx27rgypjgodjjqcf2z6vf3veilaekexbuie3kb6p2uai)
