
What happened
The Trump Administration submitted a letter to the court, arguing that OpenAI's training on copyrighted works is "fair use" and that the Times' definition is "inconsistent" with current copyright law.
Why it matters
The government says a win for the Times could "thwart" AI progress and hinder "American prosperity." Courts consider fair use conditions, and the administration argues AI training is "extraordinarily transformative" and doesn't compete with the Times' articles.
What to watch
The judge, Sidney H. Stein, is not obliged to follow the letter, but a lawyer says it "carries a lot of weight" because it comes from the Department of Justice. Other lawsuits, including ones by Sony and Warner Music against Anthropic, are ongoing.
Summaries like this, in your inbox every morning.
The government's letter is a major intervention in a case that began in 2023, when the New York Times sued OpenAI and Microsoft for copyright infringement. The fair use doctrine is central, and the administration's view could influence not just this case but related ones, as the letter applies to all parties in this and related cases. This comes amid a wave of lawsuits, including music labels suing Anthropic over its Claude tool, where the outcome could hinge on similar fair use arguments.
The administration's stance aligns with recent court decisions, which have been mixed. The Meta case was a win for AI companies, while the Anthropic case resulted in a massive $1.5 billion payment, though the judge noted AI training itself was fair use. The government's letter argues that restricting LLM development would "thwart" progress and "hinder American prosperity," which may signal a broader policy push to protect U.S. AI leadership.
The judge is not obliged to follow the government's argument, but it carries significant weight coming from the Department of Justice. Critics, including the Author's Guild, see it as a misunderstanding of copyright law. The outcome will likely have ripple effects for creators and AI companies, as dozens of similar lawsuits proceed.
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