The government’s intervention in the OpenAI litigation sharpens the dispute over news licensing and market substitution with implications for Korean broadcasters
The U.S. Justice Department has backed OpenAI and Microsoft’s fair-use position on AI training, drawing a detailed challenge from news publishers who say the government reached its conclusion before reviewing the evidence. The confrontation puts the economics of news production alongside the legal question of whether copying articles to build language models requires permission.
The department filed its statement of interest on September 1 in the consolidated copyright litigation before Judge Sidney H. Stein in the Southern District of New York. News publishers responded on September 28, asking the court to give the intervention no weight. Neither filing is a judgment. The court must still evaluate the conduct at issue and the statutory fair-use factors.