Full Breakdown
Trump Administration Backs OpenAI in New York Times Copyright Suit
9/3/2026, 12:16:00 AM
Core Event: DOJ Files Statement Supporting OpenAI’s Fair-Use Defense
The Justice Department submitted a statement of interest to the U.S. District Court for the Southern District of New York, urging the judge to find that OpenAI’s use of copyrighted news articles to train its large-language models qualifies as fair use. The filing backs OpenAI’s argument that the training process is “extraordinarily transformative” and does not constitute infringement. The case consolidates the New York Times’ lawsuit against OpenAI and Microsoft with similar claims from other news organizations.
Background & Context
The New York Times sued OpenAI and Microsoft in December 2023, alleging that the companies ingested millions of the newspaper’s articles without permission to develop ChatGPT and related models. The suit has been merged into multidistrict litigation that includes dozens of regional and national publishers. The Trump administration’s involvement marks the first time a federal agency has taken a formal position in copyright disputes over AI training. The filing references President Donald Trump’s January 2025 executive order that seeks to sustain U.S. innovation.
Data & Statistics
- The Times alleges that “millions” of its articles were used in OpenAI’s training data.
- The litigation now involves “dozens” of news publishers, including the New York Daily News, Chicago Tribune, Ziff Davis, and the Center for Investigative Reporting.
- Legal analysts note that U.S. copyright law evaluates four fair-use factors: purpose and character of the use, nature of the copyrighted work, amount used, and market effect.
Official Statements & Responses
The Justice Department argued that restricting AI training would undermine scientific progress, national-security capabilities, and U.S. economic mobility. It contended that AI models help analysts draw inferences from publicly available facts and that limiting training would give foreign adversaries a competitive edge. The department also warned that imposing licensing fees would favor legacy media outlets and concentrate market power among the largest tech firms.
The newspaper emphasized that AI companies should pay fairly for the content that enables their products. The News/Media Alliance, representing more than 2,000 outlets, expressed confidence that the Times has a viable case and called for strict application of copyright law.
Criticism & Opposition
The Times’ spokesperson criticized the DOJ’s position as favoring large AI firms over individual creators. The News/Media Alliance echoed concerns that the government’s stance could weaken enforcement of creators’ rights.
Conflicting Reports & Gaps
Two federal judges issued opposing rulings on comparable fair-use questions in 2025, highlighting the lack of settled precedent for AI training disputes. No appellate court has yet resolved which analytical framework should apply, leaving the New York Times case as a potential landmark decision.
Verbatim Quotes
- “The Administration is siding with a handful of trillion-dollar AI companies at the expense of the countless American creators whose work they stole,” — Graham James, Times spokesperson
- “We understand the draw of economic investment that AI companies are promising, but strict application of the law is required by the courts, and we continue to believe the NYT has a winning case,” — Danielle Coffey, president and CEO of the News/Media Alliance
What’s Next
The case remains pending before U.S. District Judge Sidney Stein in Manhattan. The judge will assess whether OpenAI’s training practices satisfy the fair-use standard, a determination that could shape future AI-related copyright litigation.
