DOJ formally backs OpenAI: training LLMs on copyrighted text should be fair use

rohanpaul_ai · x · 2026-09-03

The U.S. Department of Justice filed a statement of interest in OpenAI's copyright litigation with the New York Times, formally arguing that training LLMs on copyrighted texts should generally qualify as fair use — Washington's first formal intervention in the wave of AI copyright suits, though advisory only. DOJ separates data acquisition, training, and outputs, arguing training learns statistical relationships rather than substituting for the original work; it also warns blanket licensing would hurt smaller U.S. AI companies against foreign rivals. If courts adopt the framework, legal pressure shifts from training itself to data acquisition and specific outputs.

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