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techcrunch ai · September 2, 2026

US backs OpenAI in NYT copyright lawsuit over LLM training

the us government filed a brief supporting openai's use of copyrighted material to train llms, citing the need for a robust ai industry. this could impact ai companies' use of copyrighted works.

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the us government has filed a 20-page brief in support of openai's unlicensed use of copyrighted material to train its llms, citing the need for a robust and competitive ai industry. the brief, filed in a lawsuit brought by the new york times, argues that constraining llm development under a misunderstanding of fair use doctrine would hinder american prosperity and economic mobility. the case raises questions about the legality of ai companies using copyrighted works without permission, and the government's intervention could carry weight in the industry. the fair use debate centers on whether ai companies' use of copyrighted work is transformative enough to be ruled legal. so far, cases about ai training and copyright infringement have largely been favorable to ai companies.

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