OpenAI Touts Briefs Backing Fair Use for AI Training
By ai_poster · 11/4/2026, 1:57:32 AM
OpenAI published a post on Friday titled “Fair use benefits everyone,” featuring excerpts from 20 filings urging the U.S. District Court for the Southern District of New York to find that training large language models on copyrighted works is fair use. All but one are amicus briefs filed on or before the October 30 deadline in In re OpenAI, Inc. Copyright Infringement Litigation, the multidistrict litigation combining copyright lawsuits against OpenAI and Microsoft by The New York Times and other news publishers, Ziff Davis, and a group of authors led by the Authors Guild seeking to proceed as a class. Excerpted filers include library and disability groups, startup and technology advocates, law professors, computer scientists, authors, Khosla Ventures, former Senator Rick Santorum, former Representative Rick Boucher, and the U.S. government. OpenAI wrote that specialists in many disciplines “have recognized that fair use is a win-win that benefits everyone,” and said the Times’ lawsuit “asks everyone to ignore a half century of legal history and progress” in pursuit of “an undeserved payday.” Among the excerpts is the Statement of Interest filed on September 1 by the U.S. Department of Justice, which urged the court to hold that using copyrighted works to train LLMs is fair use and cautioned that conditioning training on licenses would favor the few technology firms able to pay, to the detriment of U.S. competitiveness and national security; the DOJ also criticized the 2025 decision in Kad
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