U.S. Government Backs OpenAI in New York Times Copyright Suit
The U.S. Department of Justice filed a court brief arguing that training AI on copyrighted material is fair use to ensure American global AI dominance.
The United States Department of Justice filed a statement of interest in Manhattan federal court supporting OpenAI and Microsoft in a copyright infringement lawsuit brought by The New York Times. The government argues that training large language models on copyrighted texts constitutes fair use because the process is transformative. This intervention marks the first time the U.S. government has entered the wave of litigation regarding AI training data.
Associate Attorney General Stanley Woodward Jr. stated that maintaining AI dominance is critical for national security, scientific advancement, and economic prosperity. The filing cites a January 2025 executive order from President Donald Trump aimed at removing barriers to American leadership in AI. The Justice Department warned that requiring licensing fees would create an oligopoly by benefiting legacy media companies and could disadvantage the U.S. against foreign adversaries.
Simultaneously, Commerce Secretary Howard Lutnick urged G20 officials during a meeting in North Carolina to establish global frameworks that allow AI training under fair use principles while seeking ways to protect artists. Nvidia CEO Jensen Huang also cautioned G20 representatives against regulating theoretical harms that could hinder industry profits.
The New York Times, which sued OpenAI and Microsoft in 2023 for the unauthorized use of millions of articles, criticized the government's position. A spokesperson for the newspaper stated the administration is siding with trillion-dollar companies at the expense of American creators, maintaining that AI firms must pay fairly for the content that makes their products possible.
