DOJ backs OpenAI's fair-use claim in NYT copyright suit

The US Justice Department filed a statement of interest on September 1, 2026 in the New York Times copyright case against OpenAI and Microsoft, arguing that training large language models on copyrighted works can be fair use. The 20-page brief in the Southern District of New York said constraining LLM development would hinder American AI leadership and national security. The Times said the filing would let companies take content without permission or compensation.