Thursday, September 3, 2026HotTea verified storyVerified 2:37 AM PDT
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Justice Department backs OpenAI on fair use

The Justice Department urged a New York federal judge to accept OpenAI's fair-use argument. OpenAI argues that training models on copyrighted news articles is fair use. In a September 1 statement of interest, the department addressed the publishers' consolidated case.

Verified 2:37 AM PDT · 2 original sources

The department said a ruling against OpenAI would raise licensing costs and favor the largest technology companies. It also said such a ruling would weaken the United States against foreign competitors. The filing supports OpenAI's legal theory. It does not decide the case.

The New York Times said the administration is siding with large AI companies at creators' expense. The Times argued that model developers should pay for protected work. Judge Sidney Stein still has to apply the four-part fair-use test to the facts before him.

Watch whether Judge Sidney Stein treats the government's innovation and national-security arguments as part of fair use. A ruling on model training would reach beyond this lawsuit. Publishers and AI companies are still negotiating licenses while the legal baseline remains unsettled.

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  1. Bloomberg LawTrump Administration Backs OpenAI in NY Times Copyright Suit ↗
  2. Reuters via Ledger-EnquirerUS government backs OpenAI in New York Times copyright case ↗

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