Microsoft tells court Copilot rarely copies books while selling OpenAI’s most capable model
Microsoft moved for summary judgment in the New York AI copyright litigation on 4 September, arguing Copilot reproduced book passages 24 times in 8.2 million conversations. Two days earlier it began selling GPT-6 Astra through Foundry, a model OpenAI rates Critical for cybersecurity, and European law measures neither the output rate nor the sales pitch.
Microsoft spent this week making two arguments at once. It told a Manhattan federal court that training large language models on books is fair use, in a summary judgment memorandum saying an expert found 24 matching responses across 8.2 million Copilot conversations.
That is 0.00029 percent. For 202 of the 212 books at issue, the filing says, the expert found nothing at all.
The case sits in the multidistrict litigation before Judge Sidney Stein, which gathers claims from authors and publishers including 400 local newspapers. Microsoft wants the whole question decided as a matter...
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