Federal Government Supports OpenAI in Copyright Lawsuit Against New York Times

The United States government has formally intervened to support OpenAI in its legal dispute with The New York Times over copyright infringement allegations.

The New York Times initiated legal action against OpenAI and Microsoft in 2023, asserting that the companies unlawfully utilized its journalistic content to train artificial intelligence models without consent. The federal administration has now submitted a legal brief contending that such practices are protected under copyright law.

In a filing to the court, the government emphasized that the case has significant implications for the nation’s artificial intelligence sector, arguing that a restrictive interpretation of fair use could hinder American innovation and global competitiveness in AI development.

The administration’s argument centers on the position that training large language models constitutes a “transformative use” of copyrighted material, which does not directly compete with the original works. Legal experts note that this aligns with established fair use doctrines, which balance copyright protection with allowances for creative and educational advancements.

The brief draws parallels to human learning processes, suggesting that just as writers study and emulate previous works to develop their skills, AI training involves a similar, albeit technological, evolution. This perspective was highlighted to avoid conflating AI development with direct copyright violation.

Evan Brown, an intellectual property attorney, commented that while the presiding judge is not bound by the government’s input, such interventions from the Department of Justice carry substantial weight in judicial deliberations.

Pamela Samuelson, a copyright law expert, described the government’s stance as a pivotal development, consistent with recent judicial trends in AI-related copyright cases.

A spokesperson for The New York Times expressed disappointment, arguing that the administration’s support for AI companies undermines the rights of content creators. The statement reaffirmed that fair compensation for used content is essential under copyright law, advocating for a balance that allows both AI innovation and creator protections.

Representatives from OpenAI and Microsoft have not yet provided public comments on the government’s filing.

Mary Rasenberger, executive director of the Authors Guild, which has separately sued OpenAI, criticized the intervention, calling it misinformed and detrimental to authors’ rights.

This case is part of a broader legal landscape involving multiple high-profile lawsuits against AI companies. Recent rulings, such as in Kadrey v. Meta, have nuanced outcomes, with courts examining the specifics of harm and fair use in AI training contexts.

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