Thursday, 3 September 2026 · Full edition

US Justice Department files court submission supporting OpenAI in New York Times lawsuit

What happened

The US Justice Department has submitted a federal court filing backing OpenAI in its ongoing copyright lawsuit against The New York Times. In the submission, federal officials argue that training generative artificial intelligence models on copyrighted online text falls under fair use protection. The filing further contends that allowing developers to train models on such web data is essential for supporting national competitiveness.

Why it matters

The federal government's submission offers significant legal support for OpenAI and other AI developers that rely on web text to train generative models. If courts accept the Justice Department's legal interpretation, publishers like The New York Times may face greater hurdles in asserting copyright claims over training data. Furthermore, linking model training to national competitiveness indicates that federal authorities view generative AI development as a strategic priority.

Bigger picture

The filing highlights an emerging intersection between intellectual property policy, technology governance, and national strategic interests. As government bodies emphasize global competitiveness in artificial intelligence, established copyright norms are undergoing direct legal scrutiny. By framing generative model training as fair use, policy priorities could reframe commercial intellectual property rules, influencing the economic balance between digital publishers and technology firms.

Watch next

Watch for formal court rulings in the lawsuit to see whether judges accept the Justice Department's fair use argument, alongside potential legal responses from The New York Times and media industry representatives.

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