The Trump administration is wading into a legal fight between OpenAI and the New York Times, backing the ChatGPT-maker's argument in a closely watched case over how it builds its AI technology, by ingesting and processing millions of news articles.
The Justice Department's Position
In court papers filed on Tuesday, September 1, 2026, the Justice Department supported OpenAI's argument that training its models on troves of writings found on the internet is protected by the "fair use" doctrine of copyright law. The Justice Department wrote that "the creative possibilities and public benefits" of training large language models on such content "far outweigh any competitive harm."
What This Case Is Actually About
This case centres on a fundamental question that's been reshaping how the AI industry operates, whether companies like OpenAI can legally use copyrighted material, such as news articles, to train their large language models without directly compensating or securing permission from the original publishers. The New York Times has argued this practice amounts to unauthorised use of its journalism, while OpenAI has maintained that training AI models on publicly available content constitutes a legitimate application of fair use protections under existing copyright law.
Why the Government's Involvement Matters
The Trump administration's decision to formally weigh in on OpenAI's side adds significant weight to this legal argument, given that it reflects the position of the US Department of Justice on a question that will likely have far-reaching implications for the broader AI industry. If courts ultimately side with OpenAI's fair use argument, it could set an important precedent for how AI companies across the industry approach the use of copyrighted material in training their models going forward.
Conversely, a ruling favouring the New York Times could require AI companies to rethink how they source training data, potentially involving new licensing arrangements or compensation structures with content publishers whose work has historically been used without direct payment.
What Comes Next
This case remains ongoing, and the Justice Department's filing represents just one part of the broader legal proceedings unfolding between OpenAI and the New York Times. Given the stakes involved for the AI industry more broadly, the eventual outcome is likely to be closely watched by publishers, technology companies, and legal experts alike, as it could shape how copyright law applies to AI training practices for years to come.
FAQs
Q1. What is the Trump administration's position in the OpenAI-New York Times case?
The Justice Department has backed OpenAI's argument that training AI models on internet content, including news articles, is protected under the "fair use" doctrine of copyright law.
Q2. What is the core dispute between OpenAI and the New York Times?
The New York Times alleges that OpenAI used its journalism without authorisation to train its AI models, while OpenAI argues this practice falls under fair use protections.
Q3. Why does this case matter beyond OpenAI and the New York Times specifically?
The outcome could set a significant precedent for how AI companies across the industry can legally use copyrighted material for training their models, affecting the broader relationship between AI developers and content publishers.