US government backs OpenAI in copyright fair-use defense

The Trump administration filed a brief supporting OpenAI's position that training large language models on copyrighted material constitutes fair use, a pivotal moment in the ongoing New York Times lawsuit. This intervention signals the federal government's stance on a foundational question for the AI industry: whether the current legal framework permits the data practices that enabled modern LLM development. The outcome will shape whether training on internet-scale text remains legally defensible or requires licensing agreements, affecting how future models are built and potentially reshaping competitive dynamics between well-capitalized players and resource-constrained developers.
Modelwire context
Analyst takeThe Trump administration's brief doesn't just favor OpenAI in one lawsuit. It effectively signals that federal policy will treat fair use as the default legal posture for LLM training, which is a thumb on the scale that benefits incumbents who built their model weights before any licensing regime existed.
This sits in direct tension with what we covered yesterday from The Verge: Google is already negotiating direct licensing deals with Hollywood studios, betting that explicit permissions will become the industry standard regardless of how the NYT case resolves. If the government's fair use position holds in court, Google's licensing strategy looks expensive and unnecessary in hindsight. If it doesn't, Google will have bought an early-mover advantage that OpenAI, now relying on litigation outcomes, will have to scramble to replicate. Either way, the two largest frontier labs are placing opposite bets on the same foundational question, and the NYT ruling will determine which posture the rest of the industry converges on.
Watch whether Google accelerates or pauses its studio licensing negotiations in the next 60 days. A slowdown would signal internal confidence that the government brief shifts the legal calculus enough to make licensing unnecessary. Continued deal-making would suggest Google sees the fair use argument as too fragile to rely on.
Coverage we drew on
- Google needs Hollywood more than the studios need AI · The Verge - AI
This analysis is generated by Modelwire’s editorial layer from our archive and the summary above. It is not a substitute for the original reporting. How we write it.
MentionsOpenAI · Trump administration · New York Times · US government
Modelwire Editorial
This synthesis and analysis was prepared by the Modelwire editorial team. We use advanced language models to read, ground, and connect the day’s most significant AI developments, providing original strategic context that helps practitioners and leaders stay ahead of the frontier.
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