The Trump administration filed a twenty-page amicus brief in The New York Times v. OpenAI in the US District Court for the Southern District of New York on Tuesday, arguing that restricting LLM training on copyrighted material would "thwart creative and scientific progress" and undermine American AI competitiveness. The brief frames training data access as a national security and economic priority, referencing the administration's executive order on AI leadership as legal context. The brief is non-binding — amicus filings express a legal position rather than compel a ruling — but carries political weight as a signal of where the executive branch stands on the foundational legal question defining what AI companies can train on. The fair use question itself remains unresolved; the brief strengthens OpenAI's position across the approximately forty active copyright cases filed by publishers, musicians, visual artists, and authors since 2023. The US government's position effectively makes the United States the most permissive major jurisdiction for AI training data if the underlying legal theory holds. European regulators, operating under the EU AI Act and GDPR frameworks with different data rights, are watching a divergence open between US and EU legal regimes that has structural implications for where frontier model development concentrates.
LLMs
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