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The Trump administration is supporting OpenAI in the NYT copyright lawsuit
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The Trump administration is supporting OpenAI in the NYT copyright lawsuit

By Hayden FieldSeptember 2, 2026·Source: The Verge·2 views

The Trump administration has formally intervened in the high-stakes copyright lawsuit between The New York Times and OpenAI, throwing its weight behind the artificial intelligence company. The Verge reported that the administration filed arguments in favor of OpenAI in a case that has become one of the most consequential legal battles over the future of AI development in the United States.

To understand why this intervention matters, it helps to step back and consider what the New York Times lawsuit actually represents. Filed in December 2023, the suit alleges that OpenAI — and Microsoft, which has invested heavily in the company — used millions of Times articles without permission to train large language models, including the technology that powers ChatGPT. The Times is seeking substantial damages and, in some interpretations of its complaint, the potential destruction of AI models trained on its content. That last possibility alone is enough to make the case an existential concern for the entire AI industry, not just OpenAI. Dozens of similar lawsuits from authors, visual artists, musicians, and other news organizations are working their way through courts simultaneously, and the outcome of the Times case is widely expected to set the tone for all of them.

The central legal question is whether training an AI system on copyrighted material constitutes fair use under United States law. Fair use is a flexible doctrine that allows limited use of protected content for purposes such as commentary, research, or transformation — but its application to machine learning at industrial scale is genuinely unsettled. OpenAI has argued that ingesting text to teach a statistical model is fundamentally transformative and does not reproduce the original work in a meaningful sense. The Times, and those aligned with it, argue that the outputs of these models can reproduce content closely enough to constitute infringement, and that the commercial benefit to OpenAI is enormous while the compensation to rights holders is zero.

The Trump administration's decision to side with OpenAI fits a recognizable pattern in how this White House has approached artificial intelligence policy. Shortly after taking office for the second time, President Trump moved to roll back Biden-era executive orders on AI safety and oversight, signaling that the administration's priority is American competitiveness in AI development rather than regulatory caution. Senior officials have framed dominance in artificial intelligence as a strategic national interest, particularly in the context of competition with China. From that vantage point, a court ruling that forces AI companies to pay for or delete their training data would represent a significant setback for the domestic industry — and the administration's intervention suggests it views the lawsuit through exactly that lens.

There is also a commercial and political dimension worth noting. OpenAI has cultivated relationships with figures close to the current administration, and the broader technology sector has shifted its posture toward Washington considerably since the last election cycle. Whether those relationships influenced this specific intervention is impossible to say with confidence, but the alignment of interests is clear enough that the question will be asked.

The consequences of this development are likely to ripple outward in several directions. For OpenAI, having the federal government argue on its behalf is a meaningful legal asset — it signals to the presiding court that the executive branch considers a favorable reading of fair use to be in the national interest, which courts are not obligated to accept but cannot entirely ignore. For The New York Times and other plaintiffs in related cases, it means they are now effectively litigating against both a well-funded private company and the posture of the federal government. For the broader media industry, which is already under severe financial strain, the prospect of losing this case without any compensation framework in place is alarming. Publishers had hoped the lawsuit might force AI companies to negotiate licensing agreements; the administration's intervention makes that outcome feel less certain.

For independent creators — writers, coders, illustrators — watching from the edges of these proceedings, the intervention will likely read as confirmation that the institutional machinery of government is not positioned to protect their interests in the near term. Whatever policy reform might eventually address those concerns will almost certainly have to come from Congress, and there is little sign that coherent federal legislation on AI and copyright is close to materializing.

What to watch next is fairly straightforward. The court's response to the administration's filing will signal how much deference it is inclined to show executive branch arguments in this context. Progress toward any kind of settlement becomes harder to read when one side gains a new institutional ally. And as the legal calendar advances, the question of whether fair use doctrine can absorb the realities of modern AI training will eventually have to be answered — either by the courts or, if the pressure becomes great enough, by legislators who have so far found it easier to watch than to act.

Originally reported by The Verge. Read the original article

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