Trump administration backs OpenAI 'fair use' argument in suit from NYT

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Published: 2026-09-04T05:50:11.117Z • Permanent link

President Donald Trump's administration has sided with OpenAI in a high-stakes lawsuit against The New York Times, backing the AI giant's 'fair use' argument. The dispute revolves around a 2021 article by The NYT, which alleged that OpenAI's GPT-3 model infringed on the rights of a scientist who developed a similar AI system. According to sources, the Trump administration's support for OpenAI has significant implications for the ongoing case.

The dispute began in 2021, when The NYT published an article that claimed OpenAI's GPT-3 model was based on the work of a scientist named Dr. Jeremy Howard. Dr. Howard, who has been a vocal critic of OpenAI, alleged that the company had failed to properly credit his work. OpenAI responded by filing a lawsuit against The NYT, arguing that the article constituted a form of copyright infringement. The Trump administration's backing of OpenAI's 'fair use' argument is seen as a significant development in the case.

The US Department of Justice has filed a brief in support of OpenAI, arguing that the NYT's article falls under the category of 'fair use' under US copyright law. The DOJ's position is that the NYT's article was a critique of OpenAI's business practices and did not constitute an infringement on Dr. Howard's copyright. The Trump administration's support for OpenAI's 'fair use' argument has sparked concerns among some experts, who worry that the decision could set a precedent for the use of AI-generated content.

The Trump administration's backing of OpenAI's 'fair use' argument has significant implications for the Meta & Facebook AI domain. Meta, which owns Facebook and Instagram, has been developing its own AI-powered content generation tools, including a language model similar to GPT-3. If the DOJ's position is upheld, it could set a precedent for the use of AI-generated content, potentially limiting the ability of companies like Meta to use AI-powered tools without fear of copyright infringement.

The implications of the DOJ's position are far-reaching, extending beyond the Meta & Facebook AI domain. The use of AI-generated content is becoming increasingly prevalent in a range of industries, from advertising to entertainment. If companies are able to use AI-generated content without fear of copyright infringement, it could lead to a proliferation of AI-powered content, potentially disrupting traditional business models and creating new opportunities for innovation. However, the potential risks of this approach, including the spread of misinformation and the erosion of traditional creative industries, cannot be ignored.

The dispute between OpenAI and The NYT is part of a larger pattern of tension between tech giants and media outlets over the use of AI-generated content. In recent years, there has been a growing debate over the rights of AI-generated content, with some arguing that it should be treated as a form of creative work, subject to copyright law, while others argue that it should be exempt from copyright altogether.