Kevin Kelly files amicus brief backing OpenAI in copyright case, arguing training is fair use

joshgans · x · 2026-10-18

Kevin Kelly, founding executive editor of Wired and NYT bestselling author, filed an amicus curiae brief (Case 1:25-md-03143, SDNY, dated Oct 16, 2026) in support of defendants' motions for summary judgment in the OpenAI copyright litigation.

The brief argues that generative AI training creates broad public benefits and constitutes classic fair use under 17 U.S.C. §107. Kelly, himself an author of fiction and nonfiction like the plaintiffs, cites his own writing on generative AI, including "Latent Space as a New Medium" and "Arguments in Favor of AI Fair Use."

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