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Media's AI Pivot
22OCT

USA Today sues OpenAI but not Microsoft

4 min read
16:20UTC

USA Today Co. sued seven OpenAI entities for more than $250m on 8 October and left its content partner Microsoft out of the case. Canadian publishers sued Anthropic, Indian groups signed with OpenAI, and an Argentine court kept Perfil's suit alive. Netflix dropped AI from its letter, its 10-Q and the published transcript of its earnings interview.

Key takeaway

Publishers split between licensing AI developers and suing them, and the dispute is moving from training to answers.

This briefing mapped
Legal
Competitive
Regulatory
Domestic
Economic

USA Today Co. wants more than $250m from seven OpenAI entities, and its complaint says OpenAI's output filters shielded only publishers that had already sued.

Sources profile:This story draws on neutral-leaning sources

USA Today Co., the US newspaper group once called Gannett, filed a copyright suit against seven OpenAI companies in New York on 8 October. It wants more than $250 million.

Microsoft signed an AI licence with the group in October 2025 and is not a defendant. Yet the complaint says Microsoft handed OpenAI a copy of its Bing search index. 

Netflix's July letter used "AI" four times; its October letter, earnings interview and 10-Q did not use it once.

Sources profile:This story draws on neutral-leaning sources from United States
United States

Netflix never used the word AI in its third-quarter letter to shareholders on 20 October. Its 10-Q filing a day later and the earnings interview were silent on it too.

In July the letter mentioned AI four times. Netflix still raised technology and development spending by 21% to $1.03bn, so the change shows in what it tells investors. 

Postmedia, Torstar, The Globe and Mail and The Canadian Press allege Anthropic built Claude on their journalism and keeps scraping their pages when users ask it questions.

Sources profile:This story draws on neutral-leaning sources from Canada
Canada
LeftRight

Lisa Nandy told Sky she is "minded to" intervene in its purchase of ITV's Media and Entertainment arm on four public interest grounds, one of which needs Parliament's approval.

Sources profile:This story draws on neutral-leaning sources

Culture Secretary Lisa Nandy told Sky on 15 October that she is minded to intervene in its £1.6bn deal. Sky is buying the channels and streaming arm of ITV (the UK's largest commercial broadcaster). Ofcom would then judge news plurality alongside the competition review.

Her letter notes that Comcast's promises protecting Sky News end in December 2028. They do not cover ITN (Independent Television News), where Sky would take 20%. 

Google says more than 400 publications, including Axios, CNN and the Financial Times, are paid for content in its news AI pilot; it named no amounts.

Sources profile:This story draws on neutral-leaning sources

Google said on 15 October that more than 400 publications now take paid part in its news AI pilot. Axios and the Financial Times are among them, and Press Gazette says Reach plc signed up that week.

The money covers articles sent to Google for new features such as audio briefings and in-depth article overviews. Model training sits outside the scheme. 

Bennett, Coleman and Co and the Indian Express Group signed with OpenAI within two days, OpenAI's first disclosed publisher deals in India; no terms are public.

Sources profile:This story draws on neutral-leaning sources

OpenAI signed its first public deals with Indian publishers in September. Bennett, Coleman and Co, owner of The Times of India, announced its deal on 7 September, and The Indian Express Group followed on 8 September.

The Express had joined the copyright case ANI (Asian News International) brought against OpenAI in January 2025. ANI lost its bid for an interim injunction on 24 July and has appealed. 

A Buenos Aires civil court kept Editorial Perfil's damages suit against OpenAI and Microsoft out of the federal courts, Perfil reported on 14 October.

Sources profile:This story draws on neutral-leaning sources

Editorial Perfil's damages case against OpenAI and Microsoft will stay in a Buenos Aires civil court, Perfil reported on 14 October. A prosecutor had suggested moving it to the federal courts.

Perfil wants a judge to order an inspection of the companies' servers in California before trial. Its lawyer Gonzalo Vidal Devoto says the publisher is seeking money, not the removal of its articles. 

Sources:Perfil

The Australian Broadcasting Corporation wants the News Bargaining Incentive extended to AI companies, and SBS told the same committee that robots.txt is "routinely ignored or bypassed".

Sources profile:This story draws on neutral-leaning sources

Australia's two public broadcasters asked a parliamentary AI committee to make AI firms pay for news, The Next Web reported on 1 October. The Australian Broadcasting Corporation wants them added to a planned charge on Facebook, Google and TikTok.

Anthropic told the same committee it prefers an opt-out for training. The committee is due to report in November. 

Matt Brittin called an unofficial, AI-generated Doctor Who episode "pretty good" in September; by October he told BBC staff he had "got in trouble" for it.

Sources profile:This story draws on neutral-leaning sources

Matt Brittin, the BBC's director-general, said in September that an unofficial AI-made Doctor Who episode was "pretty good". He did not say who had made it.

At a town hall in October he said the remark had got him into trouble and spoke up for human creativity. Russell T Davies, the show's former head writer, called the comments clumsy. 

ITV's generative AI advertising service brought 16 advertisers to television for the first time in its debut year, The Media Leader reported.

Sources profile:This story draws on neutral-leaning sources

ITV (Britain's biggest commercial TV network) says its generative AI advertising tool brought 16 advertisers to television for the first time in its debut year. The Media Leader reported the figure on 9 October.

The tool lets small firms make a TV advert without hiring an agency. It belongs to the ITV streaming business that Sky agreed in June to buy for £1.6bn. 

Hakuhodo is now selling clients the tool it used in-house to screen AI-generated ad images for copyright risk, while saying it does not rule on infringement.

Sources profile:This story draws on neutral-leaning sources

Hakuhodo, Japan's second-largest advertising agency, started selling its Image Similarity Checker to clients on 19 October. The tool searches the web for pictures that resemble an AI-made advert and scores how close they are.

Hakuhodo leaves the final copyright judgement to each client. The same day it began selling consulting built on its own internal AI governance process. 

Sources:Hakuhodo

Publicis Groupe put third-quarter net revenue at €3,808m and credited demand for AI-powered products, without naming one.

Sources profile:This story draws on neutral-leaning sources

Publicis Groupe said on 13 October that third-quarter net revenue grew 5.0% on an organic basis, to €3,808m. The Paris-based advertising group credited rising demand for AI-powered products.

The release names none of those products, leaving out its Marcel and CoreAI platforms. Its only AI-linked purchase listed is Adge.AI, a content-measurement firm bought in March. 

EBS, Korea's public education broadcaster, premiered a series that remakes 11 Korean literary classics with generative AI.

Sources profile:This story draws on neutral-leaning sources

EBS (Educational Broadcasting System), Korea's public education broadcaster, began airing EBS AI Literature Theatre on 16 October. The series retells 11 Korean literary classics using generative AI.

The titles include two Kim Yu-jeong stories, Bombom and Dongbaekkkot. The Korean outlet Mediapen asked on 15 October whether the format will replace production crews. 

Closing comments

Up. In six weeks litigation spread from OpenAI to a second developer in Canada and to a civil court in Buenos Aires. The next decision point is Civil Court No. 57's ruling on Perfil's pre-trial evidence order, which ADEPA's lawyers expected during October: an order to inspect OpenAI's and Microsoft's California servers would reach them before US discovery does. In New York, OpenAI's first motion in 1:26-cv-08892, filed in October 2026, decides whether the output-filter allegation is tested early or after a fight over dismissal.

Different Perspectives
USA Today Co.
USA Today Co.
USA Today Co. sued seven OpenAI entities on 8 October for damages in excess of $250 million and named no Microsoft entity, although it licenses content to Microsoft. Its complaint alleges OpenAI's output filters protected only publishers that had sued, which, if proved, makes litigation the route to keeping its copy out of ChatGPT.
Postmedia, Torstar, The Globe and Mail and The Canadian Press
Postmedia, Torstar, The Globe and Mail and The Canadian Press
The four publishers sued Anthropic in Ontario on 6 October, alleging terms-of-service breaches, circumvention of copy protections and ongoing scraping when users prompt Claude. Already suing OpenAI since November 2024, they now have both leading model developers in court, while Village Media signed with OpenAI in September.
Indian Express Group
Indian Express Group
The Indian Express Group signed with OpenAI on 8 and 9 September, putting live and archived journalism in seven languages into ChatGPT answers with links. It had joined ANI's copyright suit against OpenAI and signed six weeks after the Delhi High Court refused ANI an interim injunction, though no party has linked the two.
Editorial Perfil
Editorial Perfil
Perfil reported on 14 October that Civil Court No. 57 kept its damages suit against OpenAI and Microsoft out of the federal courts, and it wants a pre-trial inspection of their California servers. Its lawyer says Microsoft Argentina came to mediation without a serious offer, and Perfil seeks payment rather than takedowns.