Trump Admin Backs OpenAI in NYT Copyright Suit
Original: Trump Administration Sides With OpenAI in New York Times Copyright Lawsuit
Why This Matters
A government stance on AI fair use could set a legal precedent affecting the entire AI industry's access to training data.
The Trump Administration filed a court letter on September 2, 2026, supporting OpenAI's position that training AI on copyrighted works constitutes fair use, in the ongoing New York Times lawsuit against OpenAI and Microsoft originally filed in 2023.
The US Department of Justice submitted a letter to the federal court stating that the United States has a 'strong interest' in how AI training on copyrighted works is classified under fair use doctrine, citing implications for America's global AI leadership. The government argued that The New York Times' interpretation of fair use is 'inconsistent' with current copyright law, warning that restricting LLM development under a 'misunderstanding of fair use doctrine would thwart creative and scientific progress while hindering American prosperity.' The administration characterized AI training on copyrighted material as 'extraordinarily transformative' and contended that OpenAI's LLMs do not meaningfully compete with NYT articles—both key criteria in fair use analysis. The letter's arguments extend beyond OpenAI and Microsoft to all related publisher and author lawsuits. IP lawyer Evan Brown noted that Judge Sidney H. Stein is not obligated to follow the letter but will 'take it quite seriously' given its DOJ origins. Copyright scholar Pamela Samuelson called it a 'significant development' consistent with prior AI copyright rulings. NYT spokesperson Graham James responded: 'The Administration is siding with a handful of trillion-dollar AI companies at the expense of the countless American creators whose work they stole.'