The New York Times and three other major US newspapers have filed lawsuits against Brave Software, accusing the company behind the privacy-focused Brave browser of scraping copyrighted journalism and distributing it to artificial intelligence companies without permission. The lawsuits, filed separately in Manhattan federal court on November 2, 2026, also challenge Brave’s AI-powered search answers, its paywall-blocking feature and its advertising practices.
The publishers allege that Brave has built a search index containing more than 30 billion webpages and monetised access to that information through its Brave Search API. They claim that AI companies, including Anthropic, Perplexity, Mistral, xAI and Cohere, have used or accessed the index for AI training and information retrieval. The legal action marks another escalation in the copyright dispute between publishers and the technology industry over who owns, controls and gets paid for content used by AI systems. Brave had not publicly responded to the allegations at the time of reporting.
Key Takeaways
- The New York Times filed a copyright lawsuit against Brave Software on November 2, 2026.
- The New York Daily News, Chicago Tribune and Orlando Sentinel filed a separate but similar lawsuit.
- Publishers allege Brave scraped their journalism into an index containing more than 30 billion webpages.
- The lawsuits identify Anthropic, Perplexity, Mistral, xAI and Cohere as customers of Brave’s Search API.
- The publishers also challenge Brave’s Ask Brave AI answers and its browser’s Paywall blocker.
- They allege Brave blocks publishers’ advertisements while displaying or selling its own advertising.
- Both lawsuits seek financial damages and court orders restricting the alleged practices.
- The AI companies named in the complaints are not defendants in these lawsuits.
Why Are Publishers Suing Brave?
The New York Times Company and the publishers of three other newspapers have accused Brave of using copyrighted journalism to build and monetise AI-related services.
The first lawsuit was filed by The New York Times Company. The second was filed by Daily News, LP, Chicago Tribune Company, LLC and Orlando Sentinel Communications Company, LLC.
Both cases were brought before the US District Court for the Southern District of New York.
The publishers argue that Brave’s business model allows it to collect articles from their websites, reproduce portions of those articles through AI-powered services and sell access to the underlying information to third-party AI developers.
The Times also says it previously asked Brave to stop accessing and using its journalism. Its complaint refers to letters sent in August 2025 and April 2026, alleging that Brave did not adequately respond.
The publishers are seeking damages, repayment of profits and permanent injunctions against the practices they challenge.
These are allegations in newly filed lawsuits. A court has not determined whether Brave infringed copyright or violated other laws.
Brave’s 30 Billion-Page Search Index Is at the Centre of the Dispute
A major part of the lawsuits concerns the Brave Index, the company’s large collection of webpages used to power Brave Search and related services.
According to the complaints, the index contains more than 30 billion webpages collected through automated web crawling.
Web crawlers are software programs that visit websites, retrieve information and organise it for search engines or other applications. Search engines have traditionally used this process to make online information discoverable.
However, publishers argue that Brave has gone beyond ordinary search indexing by providing access to copyrighted articles through commercial AI services.
The complaints allege that Brave has not adequately identified the crawler responsible for collecting the material, making it difficult for publishers to block it.
The publishers also challenge Brave’s sale of access to its index through the Brave Search API.
The lawsuits identify five AI companies as customers or recipients of access to the service:
- Anthropic
- Perplexity
- Mistral
- xAI
- Cohere
The companies are named in the complaints in connection with Brave’s API business. They are not defendants in these cases.
How Brave’s AI Search Feature Became Part of the Lawsuits
The publishers are also challenging Ask Brave, the AI-powered answer feature within Brave Search.
Unlike conventional search results, which primarily provide links to webpages, AI-powered search tools can generate direct answers using information retrieved from multiple online sources.
The complaints allege that Ask Brave reproduces substantial portions of copyrighted newspaper articles and generates detailed summaries of their reporting.
The Times complaint describes tests in which Brave’s API allegedly returned 1,291 of the 1,295 words in a particular article.
The other publishers also cite examples in which Ask Brave allegedly reproduced more than 1,200 words of a Chicago Tribune article.
These examples are important because the publishers argue that Brave is not simply directing readers to their websites. Instead, it is allegedly providing substantial amounts of their journalism directly to users.
The dispute raises a broader question for AI-powered search: how much copyrighted material can a service reproduce in an answer before it potentially infringes the rights of the original publisher?
Publishers Challenge Brave’s Paywall Blocker
The lawsuits extend beyond AI training and search indexing.
The newspapers are also challenging a feature in the Brave browser called Paywall blocker.
The feature is promoted as a way to access content that would otherwise be restricted by subscription paywalls.
Publishers argue that the tool allows users to bypass technological protections designed to restrict access to paid journalism.
This is significant because subscription revenue is an important source of income for digital newspapers.
If readers can access paid articles without subscribing, publishers could lose potential customers and revenue.
The complaints therefore include claims under the Digital Millennium Copyright Act (DMCA), the US law that includes protections against circumventing certain technological measures controlling access to copyrighted works.
Whether Brave’s feature violates those provisions will be a matter for the court to determine.
Advertising Practices Add Another Layer to the Dispute
Another major part of the lawsuits concerns how Brave handles online advertising.
The Brave browser blocks many advertisements on websites by default. The company also operates its own advertising system.
The publishers argue that this arrangement allows Brave to remove advertising displayed by news organisations while benefiting from its own advertising business.
Their argument is that Brave profits from content created and funded by publishers while reducing the advertising revenue those publishers could otherwise earn.
The Times and the other newspapers have included unjust enrichment claims connected to these alleged advertising practices.
This claim is separate from the central copyright dispute. It focuses on the financial benefits publishers say Brave receives by blocking their advertisements and showing its own.
What Are the Legal Claims?
The lawsuits contain several overlapping legal arguments.
| Legal claim | What publishers allege |
|---|---|
| Direct copyright infringement | Brave copied and distributed copyrighted journalism without permission |
| Contributory infringement | Brave knowingly enabled or facilitated infringement by users and AI companies |
| Vicarious infringement | Brave financially benefited from and had control over allegedly infringing activity |
| DMCA violations | Brave circumvented technological protections, including paywalls |
| Unjust enrichment | Brave benefited financially by blocking publishers’ advertisements and displaying its own |
The publishers are requesting monetary damages, restitution of profits, legal costs and permanent injunctions.
Both complaints also request jury trials.
The outcome could influence how courts approach the relationship between search indexing, AI-generated answers, paywall restrictions and copyrighted journalism.
Brave’s Position and the Wider AI Copyright Battle
Brave was founded in 2015 and has built its reputation around privacy-focused browsing, advertisement blocking and its independent search engine.
The latest lawsuits place the company in a growing group of technology businesses facing copyright disputes over how online content is collected and used by AI systems.
The New York Times has previously pursued legal action against OpenAI and Microsoft over the alleged unauthorised use of its journalism in AI training.
The other publishers involved in the Brave dispute have also been involved in copyright litigation against major AI companies.
Brave itself has faced a separate dispute with News Corp over web indexing. In March 2025, Brave filed a lawsuit seeking a declaration that its indexing activities constituted fair use. News Corp subsequently countersued.
The Brave cases therefore sit within a wider legal debate about whether collecting publicly accessible webpages for search and AI applications is protected activity or requires additional permission and compensation.
The Bigger Picture
The lawsuits highlight a growing conflict between the business models of digital publishers and AI-powered technology companies.
For decades, search engines have collected and indexed webpages to help users discover information. Publishers generally benefited from visitors arriving through search results, creating opportunities for advertising and subscriptions.
AI-powered search changes that relationship. Instead of sending users to the original article, an AI service can provide a summary or direct answer using information collected from multiple sources.
This creates a potential economic problem for publishers: their journalism may remain useful to AI systems even as fewer readers visit their websites.
The dispute is no longer limited to companies developing large language models. It now includes search engines, browsers, data providers and other services that supply information to AI applications.
Looking Ahead
The next stage will involve responses from Brave and the legal process in the Southern District of New York. The court will need to consider the publishers’ copyright claims, the alleged use of paywall-blocking technology and the separate arguments concerning advertising revenue. The cases could take considerable time to resolve.
For the wider technology industry, the outcome could influence how companies collect online information, provide AI-generated answers and negotiate access to copyrighted material. It may also strengthen the position of publishers seeking licensing agreements and compensation when their journalism is used in commercial AI products.
Get the day’s top stories in your inbox
One concise email. No spam, unsubscribe anytime.



