Justice Department backs OpenAI in New York Times copyright case

2026-09-03 | Source: HN | Original article

The U.S. Justice Department has backed OpenAI in the New York Times' copyright lawsuit.

The U.S. Justice Department has formally backed OpenAI and its cloud partner Microsoft in the New York Times’ copyright lawsuit over the companies’ use of the newspaper’s articles to train large‑language models. In filings submitted Tuesday, DOJ lawyers argued that the “success of America’s artificial‑intelligence industry” depends on the ability to ingest publicly available text, and that such use falls under the fair‑use doctrine. OpenAI and Microsoft have denied the Times’ claims, maintaining that their systems transform the source material into new, non‑substitutable output – a position the government now endorses. Judge Sidney H. Stein has set a deadline of Friday for both parties to file motions for summary judgment, signalling that the case could move quickly toward a decisive ruling. The department’s intervention marks the latest high‑profile federal endorsement of the industry’s stance on training data, following the administration’s earlier support reported on September 3, 2026, when the U.S. government sided with OpenAI on a similar copyright issue. The backing could shape how courts interpret fair use for AI, influencing everything from content licensing negotiations to the design of future models. What to watch next: the content of the summary‑judgment motions, the judge’s eventual decision, and any appellate activity if the ruling favours either side. Equally important will be reactions from other media organisations, which may adjust their licensing strategies, and from lawmakers who have been scrutinising AI‑related intellectual‑property disputes. The outcome will likely set a benchmark for the legal framework governing AI training data across the United States and beyond.

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