News Corp has fired back at Brave Software, filing a countersuit that accuses the search company of “flagrant theft” for distributing and selling copies of Wall Street Journal and New York Post articles to AI companies. The Tuesday filing in an Oakland, California, federal court escalates a legal fight Brave started more than a year ago, as reported by Reuters.
Brave sued News Corp preemptively in March 2025, asking a court to declare that bundling copyrighted articles for licensing and resale is not copyright infringement. It filed after receiving a cease-and-desist letter from the Rupert Murdoch-controlled publisher. Brave revised its complaint in May 2026, following what News Corp described as failed negotiations for a market-based licensing deal.
Now News Corp is on offense. In its filing, the company argued that Brave’s “covert scraping” and resale of copyrighted articles fall “nowhere near the bounds” of fair use.
“The more content Brave copies and sells, the more revenue it generates, and the less incentive AI companies have to negotiate licenses with the publishers who produced the content,” the lawsuit said. “Brave profits while publishers are cut out.”
News Corp wants an injunction, unspecified monetary damages and statutory damages of up to $150,000 per infringement. CEO Robert Thomson framed the case bluntly, saying Brave’s conduct showed “blatant disregard” for how information gets disseminated.
“This era of tacky tech trafficking must come to an end if journalism is to have a sustainable future,” he said.
Brave sees itself as the underdog. It has described itself as the smallest of three U.S. companies running independent search engines at scale, behind Google and Microsoft’s Bing. In its own filings, Brave argued that indexing News Corp content to make it searchable, and serving users snippets and “high-level summaries,” qualifies as fair use. It also accused News Corp of threatening to disrupt generative AI, which it called what many consider “the most important innovation so far this century.”
The dispute is one piece of growing litigation over copyrighted content and AI training. The New York Times’ ongoing case against OpenAI and Microsoft remains the highest-profile example, and courts have yet to settle what fair use means when publisher content feeds AI systems. The New York Post, Dow Jones and News Corp’s British and Australian operations are all defendants in Brave’s suit.
For publishers, the fight matters beyond News Corp’s balance sheet. Brave’s business model depends on packaging searchable web content into a data feed that AI developers can buy. If that survives a fair-use challenge, it undercuts the licensing deals publishers have been signing with AI firms. If it doesn’t, intermediaries selling scraped content face steep liability.
