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OpenAI Announces $200B Valuation Round   •   EU AI Act Compliance Deadline Extended to 2027   •   Google DeepMind Releases Gemini Ultra 3.0   •   Y Combinator S26 Batch: 60% of Startups Are AI-Native   •   MarTech Consolidation: Salesforce Acquires MadTech Pioneer   •   LLM Token Costs Drop 80% Year-Over-Year   •   Meta Llama 4 Released Under Permissive Commercial Licence   •   Anthropic's Claude Achieves New Benchmarks on Reasoning Tasks   •   Venture Capital Flows to AI Infrastructure Exceed $4B in Q2   •   Adobe GenStudio Reaches 500,000 Enterprise Users   •   OpenAI Announces $200B Valuation Round   •   EU AI Act Compliance Deadline Extended to 2027   •   Google DeepMind Releases Gemini Ultra 3.0   •   Y Combinator S26 Batch: 60% of Startups Are AI-Native   •   MarTech Consolidation: Salesforce Acquires MadTech Pioneer   •   LLM Token Costs Drop 80% Year-Over-Year   •   Meta Llama 4 Released Under Permissive Commercial Licence   •   Anthropic's Claude Achieves New Benchmarks on Reasoning Tasks   •   Venture Capital Flows to AI Infrastructure Exceed $4B in Q2   •   Adobe GenStudio Reaches 500,000 Enterprise Users
Est. MMXXV — Independent Digital PressThursday, 3 September 2026Vol. I — No. 196
MarTech • Startups • LLMs • Digital Strategyterekhindigital.comMorning Edition

Terekhin Digital Media

Rigorous Journalism at the Frontier of Digital Commerce & Machine Intelligence

Thursday, 3 September 2026Issue No. 196
LLMs

The US Government Filed a Brief Backing OpenAI's Right to Train on Copyrighted Material

The Trump administration's amicus brief in NYT v. OpenAI frames LLM training restrictions as a threat to American AI competitiveness and scientific progress. It doesn't resolve the fair use question — but it signals whose side Washington has chosen.

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.

OpenAIcopyrighttraining dataNYTfair useTrump administrationAI policyLLMs
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