The U.S. government put national power behind OpenAI's fair-use defense
The U.S. government has entered one of the most consequential AI copyright disputes, filing a statement that supports OpenAI and Microsoft against claims brought by the New York Times and other publishers. The government argues that training large language models on copyrighted text is generally transformative fair use and that broad liability could hinder scientific progress, prosperity, economic mobility, and national security. That intervention matters, but it is not a ruling and does not decide the case. Publishers say their journalism was copied without permission or payment to build products that can compete with their work. The court still must evaluate the statutory fair-use factors, the evidence about acquisition and model behavior, and the claimed effect on licensing and information markets. The policy risk is that national competitiveness becomes a shortcut around those questions. Training, infringing output, lawful access, source substitution, and market harm are related but not identical issues. A durable legal rule should distinguish them, explain which uses require licensing, and preserve remedies when a model reproduces or substitutes for protected expression. It should also confront distribution: who funds original reporting, who captures the value created from it, and whether attribution or traffic can survive when an AI interface answers without a click. The government has changed the bargaining environment. The court still owns the legal conclusion.
