In the most recent development of the New York Times’ lawsuit against OpenAI for mass copyright infringement, the Trump administration has offered its support in favour of OpenAI.
In a brief submitted to the United States District Court for the Southern District of New York, the Department for Justice has opined that it should be in the court’s interest to consider the case in view of allowing the United States to “retain global leadership in artificial intelligence”. The American Associate Attorney General Stanley Woodward Jr has also offered his public support of AI on social media, stating that “AI dominance is critical to promote national security, prosperity and economic mobility for all Americans”. The statement also furthers the notion that the US would be at a disadvantage on the world stage should the court come to any decision based on what has been described as“a plainly incorrect understanding of copyright law”.
The issue in the case still revolves around whether OpenAI’s use of numerous New York Times articles to train its AI models constitutes fair use of copyright works, or whether this use falls within the scope of copyright infringement. It is notable that the Department of Justice’s brief is merely advisory rather than holding any precedential weight, but the statement will still serve to potentially cloud the resolve of the New York Times in making its claims, as well as to embolden OpenAI in defending the claims. Whether the US government’s position will change or hold any weight in the court’s decision is something to watch closely.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
