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US Justice Department backs OpenAI's fair-use defence in New York Times case
In a statement of interest filed in the Southern District of New York, the Justice Department argued that training models on news articles is transformative fair use, that licensing mandates would favour large legacy publishers over smaller AI developers, and that US AI leadership is a national-security interest. The filing came days before summary-judgment briefing opened on 4 September in the consolidated OpenAI copyright litigation before Judge Sidney Stein; the Times said the position would let AI companies take content without paying.
Why it matters
The federal government has formally put its weight behind AI developers on training-data fair use just as the leading US news case reaches summary judgment.
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Connections our researchers recorded
- DevelopmentThird Circuit upholds ruling that ROSS's AI training on Westlaw was not fair use29 Sep 2026 · Enforcement or ruling · USContrasts with: An appeals court rejected fair use for competing AI training four weeks after the DOJ argued training is transformative.
- DevelopmentCourt gives final approval to Anthropic's $1.5bn settlement with book authors20 Jul 2026 · Enforcement or ruling · USContrasts with: Weeks after a record payout to authors, the government argued training needs no licence.
What led here
Earlier developments on the same thread
- DevelopmentUS CAISI signs national-security testing deals with Google DeepMind, Microsoft, xAI5 May 2026 · Programme · US
- DevelopmentUS charges Supermicro co-founder over alleged $2.5bn Nvidia-server diversion to China19 Mar 2026 · Enforcement or ruling · US, CN
- DevelopmentTrump executive order targets state AI laws with litigation and funding pressure11 Dec 2025 · Policy · US
- DevelopmentWarner Music settles with Suno and agrees licensed AI music models for 202625 Nov 2025 · Deal · US
What happened next
Later developments on the same thread
- DevelopmentOpenAI launches GPT-6 Astra, first model it rates 'Critical' for cyber capability3 Sep 2026 · Model release · US
- DevelopmentOpenAI claims Navier-Stokes blow-up proof; mathematicians dispute credit8 Sep 2026 · Research · US
- DevelopmentOpenAI ties large reasoning-distillation campaign to people linked to Moonshot AI30 Sep 2026 · Incident · US, CN
- DevelopmentOpenAI publishes a batch of new maths results from an internal model, with Lean proofs6 Oct 2026 · Research · US
Same story elsewhere
What other countries and bodies did on this
- DevelopmentDelhi High Court refuses ANI's bid to stop OpenAI training on its news24 Jul 2026 · Enforcement or ruling · IN
- DevelopmentMunich court rules ChatGPT's memorised song lyrics infringe copyright (GEMA v OpenAI)11 Nov 2025 · Enforcement or ruling · DE
- DevelopmentEU publishes General-Purpose AI Code of Practice ahead of AI Act model duties10 Jul 2025 · Rule change · EU
- DevelopmentEBU-BBC study finds almost half of AI assistant news answers have a significant flaw21 Oct 2025 · Research · INTL
Rules in play
Laws and guidance this touches
- RuleGPAI Code of PracticeEU · In force · 10 Jul 2025
- RuleUK Copyright and AI reportGB · In force · 18 Mar 2026
- RuleEO 14409 (covered frontier models)US · In force · 2 Jun 2026
- RuleEU AI ActEU · Partly in force · 13 Jun 2024
- RuleGPAI guidelines and training-data summary templateEU · In force · 18 Jul 2025
Threads by topic: Copyright Frontier models National security