US Department of Justice Files Brief Supporting OpenAI, Arguing AI Training is Fair Use

The Department of Justice mentioned that, considering the possibility of AI being used for military purposes by other nations, the development of the domestic AI industry should not be hindered from a national security perspective. Furthermore, it argued that if it aligns with the national interest of promoting innovation and freedom of expression, the training of AI models using copyright-protected materials itself does not violate copyright law.

Referring to the current situation where various media companies are utilizing Large Language Models (LLMs), the Department of Justice stated that restricting development due to misunderstandings of the fair use doctrine would impede America's economic fluidity.

Additionally, it asserted that the collection of licensing fees would favor large corporations with significant financial resources. It argued that if LLM training is restricted through an expansive interpretation of copyright law, it could lead to an oligopoly by major tech companies and potentially run counter to the public interest.

In response, a spokesperson for The New York Times commented that the Department of Justice's stance sides with a few giant AI companies and undermines the sustainability of human-generated content.

The Department of Justice's brief is not legally binding. However, Reuters reported that as advice from the administration, it could provide support for OpenAI when contesting the copyright infringement claims.