Skip to content

What the OpenAI Copyright Case Means for AI Training

Juwel Rana

By Juwel Rana · CEO & Founder

1,753 views
Close-up of hands using smartphone with ChatGPT app open on screen.

The Justice Department picked a side in the OpenAI copyright case on September 1, 2026. It told a federal judge in Manhattan that training a language model on someone else's writing counts as fair use.

Judge Sidney Stein is overseeing the consolidated litigation in the Southern District of New York. The New York Times, along with a group of book authors and publishers, is fighting over whether AI companies owe a license for the text that trained their models.

At the center of the brief is one argument: blocking AI training would threaten national security and hand a competitive advantage to foreign adversaries. That's according to a detailed review of the filing by technology licensing lawyer Heather Meeker.

It's a striking pivot for a case that started as a fight over journalism royalties and book contracts.

The Legal Argument Behind the OpenAI Copyright Case

Training counts as fair use, the DOJ argued, because a model never reads an article the way a person does. It converts the words into statistical patterns instead of using them for entertainment or information.

That's the same reasoning courts leaned on in Google v. Oracle and the Google Books case, Authors Guild v. Google, according to IPWatchdog's coverage of the filing.

That review also notes the brief cited Bartz v. Anthropic to call training "transformative, spectacularly so." It rejected the market dilution theory publishers have pushed, the idea that a model trained on an author's style floods the market with competing work.

Any harm from what a model actually outputs is a separate question, the government argued, one for the Supreme Court's Warhol test rather than the training question itself.

A Credibility Problem the Government Can't Shake

Associate Attorney General Stanley Woodward Jr. called the filing "a historic statement of the government's position," according to Accelerate IP's account of the brief.

The Times wasn't impressed. Its spokesperson objected to the administration siding with large AI companies over the news organizations and authors whose work trained the systems in the first place.

Meeker's piece adds a detail that complicates the government's claim to neutrality. The Trump administration has reportedly been negotiating an equity stake in OpenAI at the same time its Justice Department argues OpenAI's side of a live lawsuit.

She frames the brief as a potential playbook other AI defendants will cite. But she warns judges could dismiss it on political grounds rather than legal merit, given who's making the argument.

None of that resolves anything yet. A statement of interest carries no binding authority, and Judge Stein still has to rule on the underlying case.

What This Means If Your Content Trains Someone Else's Model

Monochrome view of a bustling train station in London, capturing two trains and commuters.

Photo by Rushi Patel on Pexels

Nothing about your legal exposure changes today. The DOJ's position is a request, not a ruling.

A business that publishes anything online, whether that's blog posts, product pages or case studies, is already part of the pool of material these lawsuits are fighting over. That's true whether or not you've ever filed a claim or noticed your work being used.

That's worth planning around now rather than waiting for a verdict. If courts eventually make licensing mandatory, the businesses with leverage will be the ones with an audience and reputation search engines already trust, not the ones hoping a settlement check covers the gap.

Our AI and automation work often starts with exactly that kind of audit: what content you own, what's already been scraped, and where the exposure sits either way.

If training on public content stays legal with no strings attached, the practical response barely changes. Search traffic is already splitting toward AI answers that summarize a page instead of sending a click, a shift covered in how to earn in the AI answer economy.

Either way, treating digital marketing and growth as more than a single search channel is what survives whichever way Judge Stein rules.

Cover photo by Sanket Mishra on Pexels

Latest Blog

Close-up of a hand in a glove holding a smartphone with a green screen next to x-ray on a blue desk.Healthcare Marketing • Retargeting

Healthcare Retargeting Ads: Bring Back Lost Patients

Google blocks the audience lists most retargeting depends on for health advertisers, and HIPAA adds a second layer of risk. Here's what you can still run to reach visitors who left without booking.

Read More
Yellow paper torn to reveal 'Good Price'. Perfect for sales and marketing concepts.Healthcare Software • MVP Development

Healthcare Startup MVP Cost: What Founders Need to Know

A healthcare MVP can cost anywhere from $10,000 to $500,000 or more. Here's what moves the number, what HIPAA adds, and how to budget before you ask for quotes.

Read More
A smartphone with various apps on its screen placed on a keyboard, showing a 31% battery level.GoHighLevel • Mobile App

GoHighLevel Mobile App: New Features in 2026

A redesigned home screen, Universal Search, Ask AI, a rebuilt Tasks module and WhatsApp voice notes: what HighLevel's own documentation says changed on mobile, what's opt-in, and what's still missing.

Read More
Worker clearing fallen tree on street after storm in Londrina, Brazil.Tree Service Marketing • Customer Follow-Up

Customer Follow-Up Strategies for Tree Service Companies

Where follow-up breaks down for tree companies, from the first inquiry to the yearly check-in, and how to set up each step so it actually happens.

Read More
A laptop displaying an analytics dashboard with real-time data tracking and analysis tools.GoHighLevel • SEO

How to Use GoHighLevel's Built-In Blog for SEO

The native blog inside GoHighLevel gives every post a title, description, slug and cover image to fill in. Here's how to set each one, edit them later, and where the blog runs out of road.

Read More
A doctor wearing a face mask and stethoscope using a tablet in a medical setting.Healthcare Marketing • Omnichannel Marketing

Omnichannel Marketing for Healthcare: A Complete Guide

How to connect search, reviews, email, text and your booking flow into one patient journey, and the HIPAA rules that decide what each channel is allowed to do.

Read More

Subscribe to our newsletter

Offers, insights and updates — a couple of times a month, never more.