rotative
the decoder · September 2, 2026

US DOJ backs AI fair use in NYT copyright case

us department of justice argues training ai models on copyrighted material qualifies as fair use in landmark case against new york times and openai.

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the us department of justice has filed a statement in a landmark copyright case involving the new york times, openai, and microsoft. the doj argues that training large language models on copyrighted material, such as millions of nyt articles, constitutes fair use. this is because the copied text is not made publicly available during training and the model outputs often lack substantial similarity to the originals. the doj also emphasizes the creative and social value of llms, stating that liability for ai training would stifle the creativity that copyright law aims to protect. the case has significant implications for the development and use of ai models.

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