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News outlets ask court to give ‘little weight’ to DOJ support for OpenAI in copyright dispute

The publishers said the government filed too early and ignored unsealed evidence showing AI firms may be using copyrighted works without permission.

  • On Monday, The New York Times, Daily News, and other publishers asked a federal judge to disregard The Justice Department's support for OpenAI, arguing the agency's 'fair use' stance contradicts the Copyright Office.
  • The Justice Department filed a statement earlier this month supporting OpenAI, arguing that training large language models on copyrighted content constitutes 'fair use' and is essential to national security under the Trump Administration.
  • Because the DOJ filed its statement without considering two years of discovery, publishers claimed the government ignored critical evidence, including testimony that AI products often substitute for news subscriptions.
  • Enforcement of copyright laws doesn't pose a 'serious risk' to AI development, publishers added, noting that licensing fees for content are minor compared to costs for chips, electricity, and other 'raw materials.'
  • Unsealed Microsoft Corp documents revealed an executive's warning that finding 'fair use' here would 'make a complete mockery' of the doctrine, potentially enabling what they described as the 'largest theft of labor.
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Politico broke the news in Arlington County, United States on Monday, September 28, 2026.
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