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Why The New York Times Is Suing AI Startup Perplexity
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The New York Times has filed a copyright infringement lawsuit against Perplexity, an AI search start-up whose user base and influence have expanded rapidly over the past year.
This is the second major legal action the Times has taken against a generative AI company, underscoring growing conflict between news publishers and AI firms over licensing, compensation, and the control of journalistic content.
At its core, the lawsuit raises fundamental questions: Who gets paid when AI models summarize or repackage journalism? And who is responsible when those systems generate false information?
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This article breaks down the case, the arguments from both sides, and why the outcome could shape global AI policy.
The Times says Perplexity used its journalism without permission and reproduced:
The lawsuit argues that Perplexity offers commercial products that substitute for reading the Times’ reporting, undermining its subscription-based business model.
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Perplexity relies on retrieval-augmented generation (RAG), which pulls information from websites and databases before generating answers.
According to the lawsuit, this process frequently results in visible reuse of Times reporting, sometimes extremely close to the original text. The Times says this is not transformative use and therefore not protected as fair use.
Perplexity argues that legal battles between publishers and new technology companies have happened for a century and rarely succeed.
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Before the lawsuit, Perplexity introduced a Publishers Program that offers:
However, The New York Times declined to join and instead escalated to legal action.
Perplexity acknowledges that the Times sent a cease-and-desist letter last year asking it to stop using its content for summaries and AI outputs.
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The lawsuit claims Perplexity’s system has produced false information and attributed it to the Times. The publisher argues this harms its reputation and undermines reader trust.
By answering user queries directly, Perplexity may prevent readers from visiting the Times’ website. The Times argues that this causes measurable financial damage by bypassing paywalls, licensing, and subscription revenue.
The Times is already suing OpenAI and Microsoft for training AI systems on millions of Times articles without permission or payment.
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OpenAI maintains that using publicly available data for training qualifies as fair use. The Times argues the opposite: that training models on their journalism without compensation violates copyright law and steals economic value from original reporting.
Other publishers, including those involved in a separate lawsuit against Anthropic, are watching these cases closely. The outcomes could set legal standards for:
If the Times wins, generative AI companies may have to:
This could reshape the economics of AI development globally.
Courts may need to decide whether summarizing, paraphrasing, or restyling news content is transformative enough to qualify as fair use, especially when the output competes with the original source.
If AI platforms are found responsible for misattributed or fabricated content, this case could influence future regulations on AI transparency and reliability.
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