Seattle Times and Newsday sue OpenAI and Microsoft: generative AI is 'a snake eating its own tail' that could break journalism 'beyond repair'

2026-09-07·7 min read

On September 5, 2026, The Seattle Times and Long Island-based Newsday filed suit in court against OpenAI and Microsoft, alleging unauthorized use of their journalism to train AI. What makes the lawsuit so eye-catching is its blunt, sharp rhetoric: the plaintiffs warn that with AI, the journalism industry could become 'broken beyond repair'; generative AI is described as 'a snake eating its own tail' — 'AI products like ChatGPT and CoPilot are touted as producers of content, but in fact they are rapacious consumers, devouring human-authored content and delivering back to the world copies and derivative imitations of that same original content they consumed to achieve their commercial objectives.' The complaint adds that the snake will ultimately 'destroy the very organizations' that produce the content it is trained on. Notably, Microsoft and OpenAI previously funded some of The Seattle Times' journalism projects and fellowships — making the suit read almost like a fable of the fed biting the feeder. A Microsoft spokesperson told GeekWire that the company was 'surprised by the lawsuit' but is 'always happy to sit down and explore solutions to this type of dispute.'

First, let's place this suit on the timeline. In late 2023, The New York Times sued OpenAI and its partner and investor Microsoft, alleging unauthorized use of Times articles to train models and output infringing content; other outlets followed, forming the 'first wave' of U.S. AI copyright litigation. Since 2026 the pace has visibly accelerated: with The Seattle Times and Newsday joining, it is no longer just national dailies but regional and local news organizations turning to litigation to defend their content assets. For OpenAI and Microsoft, the real risk is the snowball effect — every media victory or settlement provides precedent and ammunition for the next plaintiff. TechCrunch notes that one especially striking aspect is that Microsoft and OpenAI previously funded some of The Seattle Times' journalism projects and fellowships — if even an outlet that took the companies' money is willing to go to court, the trust deficit between the news industry and AI companies has grown remarkably deep.

The core legal question is not new, but it carries fresh weight in 2026: can AI companies train models on media content without permission? Legally, this touches the boundaries of fair use — OpenAI and Microsoft have long argued that training on public content is fair use, like a person reading books and then writing freely. Media plaintiffs counter that large models do not merely 'learn': when asked, they can reproduce copyrighted reporting verbatim or near-verbatim, and they are displacing traffic that once went to news websites through AI summaries and AI search — that is the real meaning of 'eating its own tail': AI consumes journalism's content, then uses it to take away journalism's readers and advertisers. Over the past months, several outlets including Reuters have signed licensing deals with AI companies, and the industry has begun to form a new business model of 'paying to use news content for AI training.' But The Seattle Times and Newsday chose litigation, seeking not just damages but a principle: news content is not AI's free feed.

Zooming out, this suit is part of the broader 'data sovereignty' debate in the AI industry of 2026. Over the past year, from OpenAI to Google to Anthropic, frontier labs have been frantically scraping high-quality training data, and news organizations are precisely the main producers of the internet's remaining genuinely human-original journalism. The AI companies' dilemma: if all news outlets win lawsuits or command high licensing fees, training costs will rise sharply; if outlets lose, an entire industry's content can be used free to train competitors — either way, the power balance between AI and the content industry is being reshaped. For ordinary readers, a final verdict may be years away, but spillover effects are already visible: more news sites are erecting paywalls, blocking AI crawlers and embedding anti-scraping notices. OpenAI and Microsoft are fighting on two fronts — negotiating licenses with one hand while defending lawsuits with the other. Around the same time the Seattle Times suit became public, TechCrunch also reported another related development: some authors are pushing back over how publishers and agencies claim shares of the Anthropic settlement — the 'dividing the spoils' phase of the copyright war is already producing internal friction.

For developers and content creators, this wave of litigation offers several signals worth remembering. First, 'training AI on others' content' is moving from gray zone to high-risk behavior — whether you use scraped corpora or others' content returned via APIs, the compliance of your licensing chain will face increasing scrutiny. Second, AI products that depend on news content — AI news digests, AI search — must factor content-licensing costs into their business models; licensing deals like Reuters' have set reference prices for the industry. Third, the fight reminds independent creators that your content is your asset — text, images or video — and in the AI era it deserves more serious protection: clear licensing terms, records of use, and a willingness to assert rights when needed. For ordinary users, conversely, you will barely feel changes in the short term: ChatGPT and CoPilot will not stop because of lawsuits. But in the long run, if journalism really becomes 'broken beyond repair,' what we lose is not just some website, but the layer of the public information ecosystem where someone actually verified things on the ground — and that is the true source water for AI training data.

📌 Source: TechCrunch 'Seattle Times and Newsday are the latest publications to sue OpenAI and Microsoft' (September 5, 2026, https://techcrunch.com/2026/09/05/seattle-times-and-newsday-are-the-latest-publications-to-sue-openai-and-microsoft/); Microsoft spokesperson's response as quoted by GeekWire. Related coverage: TechCrunch 'Authors push back as publishers and agents make claims on Anthropic settlement' (September 6, 2026, https://techcrunch.com/2026/09/06/authors-push-back-as-publishers-and-agents-seek-share-of-anthropic-settlement/). Background: The New York Times v. OpenAI and Microsoft (2023).

🤔 Frequently Asked Questions

Q1: Why are The Seattle Times and Newsday suing OpenAI and Microsoft?

The two news organizations allege OpenAI and Microsoft trained AI models (ChatGPT/CoPilot etc.) on their reporting without authorization, constituting copyright infringement. The complaint calls AI 'a snake eating its own tail' that will destroy the outlets producing its training content, and warns journalism may become 'broken beyond repair.'

Q2: How does this relate to earlier AI copyright cases?

It is the latest member of the wave of media lawsuits that has grown since The New York Times sued OpenAI and Microsoft in 2023; notably, plaintiffs now range from national dailies to regional and local outlets. The core dispute remains whether training models on public content is 'fair use' and whether AI summaries substantively replace news-site traffic.

Q3: What makes this lawsuit distinctive?

Its distinctiveness lies in Microsoft and OpenAI having previously funded some of The Seattle Times' journalism projects and fellowships. TechCrunch comments that if even an outlet that took their money chooses to sue, the trust deficit is remarkably deep. A Microsoft spokesperson said the company was 'surprised' but willing to explore solutions.

Q4: How does this affect ordinary users and creators?

Short term, ordinary users feel nothing — ChatGPT/CoPilot will not stop. Long term, if journalism is damaged, the supply of verified reporting in the public information ecosystem shrinks. For creators, the signal is that content is an asset: clear licensing terms, records of use and willingness to assert rights matter more; for AI product developers, content-licensing costs belong in the business model.

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News organizations suing AI companies is, on the surface, a legal dispute; at its core, it is a collision of two business models. Over the past two decades, journalism was run over once by internet platforms operating on 'free content plus advertising.' Now AI companies push that logic to its extreme — not only distributing content, but digesting it into their own products. The phrase in The Seattle Times and Newsday's complaint — AI is 'a snake eating its own tail' — is powerful because it precisely describes a self-consuming loop: AI eats human journalism, the content it generates is consumed by humans as information, the incentives for news production are further destroyed, and eventually there is no tail left for AI to eat. The balance is not entirely against AI companies, of course — they argue they bring new distribution channels, and licensing deals are gradually landing. But regardless of who wins, one trend is irreversible: the era of 'content freely feeding AI' is ending, and paywalls, licensing agreements and litigation are becoming the new normal between AI companies and content owners. For content creators, this is actually good news: when giants start fighting over data, it means the value of data has finally been put on the negotiating table.

Summary

On September 5, 2026, The Seattle Times and Newsday filed suit against OpenAI and Microsoft, alleging unauthorized use of their reporting to train AI. The complaint is notable for its sharp rhetoric: it calls AI 'a snake eating its own tail,' warns journalism could become 'broken beyond repair,' and says AI will ultimately destroy the organizations producing its training content. The case is distinctive because Microsoft and OpenAI previously funded some of The Seattle Times' journalism projects and fellowships; a Microsoft spokesperson said the company was 'surprised' but willing to explore solutions. The suit is the latest expansion of the media copyright war that began with The New York Times' 2023 case, with plaintiffs now ranging from national dailies to regional and local outlets, underscoring deep disagreement over fair-use boundaries and traffic substitution. Around the same time, some authors began challenging how publishers and agencies claim shares of the Anthropic settlement — a sign the copyright war has entered its dividing-the-spoils phase. For creators and developers, the signal is clear: content-licensing compliance and cost must enter AI products' business models, and the era of 'content freely feeding AI' is ending.