US Government Backs OpenAI in New York Times Copyright Case Over ChatGPT Training

Reviewed byNidhi Govil

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The Trump administration filed a legal brief supporting OpenAI in its copyright dispute with the New York Times, arguing that AI training makes fair use of copyrighted material. This marks the first time the US government has weighed in on the wave of copyright cases against tech companies, citing concerns about scientific advancement and national security.

Trump Administration Takes Historic Stance on AI Copyright Dispute

The Trump administration filed a legal brief

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in Manhattan federal court on Tuesday supporting OpenAI in its copyright case against the New York Times and several other newspapers. This marks the first time the US government has weighed in on the mounting wave of copyright disputes over AI training, a development that could significantly strengthen tech companies' position as they defend against claims from authors, publishers, music labels, and news outlets.

Source: Market Screener

Source: Market Screener

Government Argues AI Training Constitutes Fair Use

The legal brief

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explicitly states that "The United States has a strong interest in this court rejecting any argument that training LLMs on copyrighted texts violates copyright law" based on concerns including scientific advancement and national security. The government agreed with tech companies that AI training is "extraordinarily" transformative, positioning the use of copyrighted material in developing large language models as falling under fair use doctrine. This stance directly challenges the New York Times' argument that OpenAI and Microsoft used millions of newspaper articles without permission to train ChatGPT.

The Stakes: Dozens of Pending Copyright Cases

The lawsuit, first filed by the New York Times in 2023

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, is one of dozens brought by copyright holders against tech companies such as OpenAI, Anthropic, and Meta Platforms. All pending cases will likely revolve around whether AI systems make fair use of copyrighted material by using it to create new, transformative content. The first two judges to consider the issue issued diverging rulings last year, highlighting the unsettled nature of this legal territory and the need for clearer precedent.

National Security and Economic Implications

The government's brief emphasizes that "LLMs are already helping researchers across fields achieve major breakthroughs."

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The administration argues that "constraining LLM development under a misunderstanding of fair use doctrine would thwart such creative and scientific progress while hindering American prosperity and economic mobility." This framing positions the copyright dispute as having implications far beyond the immediate parties, touching on national security concerns and economic growth in the AI sector.

What This Means for Content Creators and Tech Companies

The government's intervention fundamentally shifts the landscape of the copyright dispute. For publishers and authors who have filed similar lawsuits, this represents a significant setback to their claims that tech companies must obtain permission and potentially pay licensing fees for training data. For OpenAI, Microsoft, and other AI developers, the brief provides crucial support for their transformative nature argument. The outcome of this case could establish whether AI companies can continue training models on copyrighted material without explicit permission, or whether they'll need to negotiate licensing agreements with content creators. As these cases progress through the courts, the tech industry will be watching closely to see if judges accept the government's fair use interpretation or side with copyright holders seeking compensation for their work.

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