U.S. Government Backs OpenAI in New York Times Copyright Lawsuit Over AI Training Practices

Reviewed byNidhi Govil

27 Sources

Share

The Trump administration filed a 20-page brief supporting OpenAI in its copyright lawsuit with the New York Times, arguing that training AI models on copyrighted material constitutes fair use. The government stated that constraining LLM development would hinder American prosperity and national security, marking the first time federal authorities have weighed in on AI training copyright disputes.

Trump Administration Files Brief Supporting OpenAI's Fair Use Defense

The Trump administration has intervened in the landmark copyright lawsuit between the New York Times and OpenAI, filing a 20-page statement of interest in the U.S. District Court for the Southern District of New York

1

. This marks the first time the U.S. government has weighed in on the wave of copyright cases against AI companies over their training practices

5

. The brief argues that OpenAI's use of copyrighted material to train AI models falls under the fair use doctrine, a position that could significantly influence similar cases nationwide

2

.

Source: New York Post

Source: New York Post

The government's filing emphasizes that "the United States has a strong interest in continuing to develop a robust and competitive artificial intelligence industry that sets the standard for the practice and procedure of AI use globally," referencing an executive order signed by President Donald Trump

1

. The brief explicitly states that constraining LLM development under a misunderstanding of fair use doctrine would thwart creative and scientific progress while hindering American prosperity and economic mobility

3

.

New York Times Lawsuit Seeks Billions in Damages Over Unauthorized Use of Articles

The New York Times filed its copyright lawsuit against OpenAI and Microsoft in December 2023, alleging that the companies violated copyright law by training their AI tools on millions of news articles without permission

2

. The lawsuit seeks to recoup billions of dollars in damages, arguing that OpenAI's ChatGPT was built using content that constituted an effort to "free-ride" on the Times' investment in journalism and create competing products

4

.

Source: AP

Source: AP

The case also involves other publishers, including Ziff Davis, CNET's parent company, which filed suit in 2025 alleging OpenAI infringed copyrights in training and operating its AI systems

3

. Graham James, spokesperson for the New York Times, responded to the government's brief by stating, "The Administration is siding with a handful of trillion-dollar AI companies at the expense of the countless American creators whose work they stole"

2

.

Government Argues AI Training Is Extraordinarily Transformative

The Trump administration's brief contends that training LLMs on copyrighted works is "extraordinarily transformative," meaning these systems meaningfully change their inputs rather than simply reproducing them

2

. The government argued that OpenAI's LLMs do not significantly compete with the New York Times' articles and that conflating AI training with what artificial intelligence tools produce would lead to "problematic implications for copyright law generally"

2

.

The brief drew a comparison to human learning, noting it would be similarly illegal for human writers to practice their craft by training on the words of others—similar to how a teenage Joan Didion typed out Ernest Hemingway's stories to learn writing

2

. The government also stated that "LLMs are already helping researchers across fields achieve major breakthroughs" and positioned U.S. competitiveness in AI as a national security concern

5

.

Legal Precedent and Implications for News Publishers' Content

While the Trump administration's statement of interest does not constitute a binding ruling, intellectual property lawyer Evan Brown notes that judges will "take it quite seriously because it comes from the Department of Justice, and inherently carries a lot of weight"

2

. The filing applies not only to the New York Times case but also to related cases involving other publishers and authors

2

.

The government's position aligns with recent judicial decisions. Last year, Anthropic was ordered to pay a $1.5 billion copyright settlement to authors whose works were used to train AI models, but the judge ruled that the AI training itself was fair use—the company was fined for using illegal shadow libraries to pirate books, not for the training process itself

1

. Judge William Alsup wrote that "like any reader aspiring to be a writer, Anthropic's LLMs trained upon works not to race ahead and replicate or supplant them—but to turn a hard corner and create something different"

1

.

Mixed Reactions and Ongoing Copyright Disputes

The Author's Guild, which filed its own lawsuit against OpenAI in 2023, expressed strong disappointment with the government's position. CEO Mary Rasenberger called the brief "replete with faulty arguments and a gross misunderstanding of the fair use doctrine and copyright law"

2

. The government's brief comes as dozens of high-profile copyright lawsuits against AI companies remain ongoing, with new cases still being filed

2

.

Source: The Hill

Source: The Hill

Meanwhile, many media outlets have pursued licensing deals with OpenAI as an alternative approach. The Associated Press, Axel Springer, and Vox Media have all signed agreements with the company

4

. Notably, the New York Times itself entered into a licensing deal with Amazon in 2025, allowing its editorial content to appear in Amazon's generative AI tools

4

. The government argued that it's not in the public's interest for the largest technology companies to have an oligopoly on LLM training due to licensing entry barriers that function primarily as subsidies for mainstream media companies

3

.

Today's Top Stories

© 2026 TheOutpost.AI All rights reserved