US backs OpenAI vs NYT: training news is “fair use”
AI in 10
AI in 10
US backs OpenAI vs NYT: training news is “fair use”
Sep 02, 2026
OpenAI just got a huge tailwind in its New York Times lawsuit: the US government is arguing that training on copyrighted news can be fair use. That stance could affect what AI tools cost you—and whether publishers get paid.
On Sept 3, Washington filed a formal statement telling the court that restricting AI training data would significantly hinder US innovation and competitiveness. The filing supports the idea that training is transformative (more like learning patterns than copying), while still leaving room for outputs to infringe if they reproduce text.
We break down what the government actually said, what it means for OpenAI and publishers, and what could happen next. New AI news every weekday — subscribe so you don't miss tomorrow's story.
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