2026-10-11 16:38 UTC

The U.S. government argues in the New York Times litigation that AI training is not inherently copyright infringement, potentially strengthening OpenAI’s defense and shaping future training-data licensing obligations.

state: corroboratedheat: lowuncertainty: mediumnovelscott: mediumcopyright training-data-provenance ai-policyUnited States governmentOpenAIThe New York Times

What is this?

On September 2, 2026, the U.S. Justice Department under the Trump administration filed a Statement of Interest in the SDNY copyright MDL brought by The New York Times against OpenAI and Microsoft (Doc 316, case 1:25-cv-03483) — its first-ever intervention in an AI-training copyright dispute. The filing argues that training LLMs on copyrighted texts is 'extraordinarily transformative' fair use that does not inherently infringe, that AI dominance is a national-security interest, and that mandatory licensing would hand advantages to foreign competitors, while leaving potentially infringing outputs as a separate question. This is corroborated by the filing's docket reference and independent coverage (NYT, Reuters, Wired, TechCrunch); note the reported background that prior judicial rulings have diverged, and that the Anthropic precedent penalized pirated corpus acquisition without finding training itself unlawful. This is government advocacy, not a ruling — judicial reception and any effect on future training-data licensing obligations remain unresolved.

Why it matters to Scott

Nothing in Scott's canon holds a position on whether training is inherently infringement — the DOJ filing neither converges with a claim of his nor challenges one — but the government's acquisition/training/outputs separation is precisely the boundary his own engineering already treats as the liability surface: the appliance's bounded licensed IP access and anti-bulk output slicing manage ingestion and emission exposure, dev:project.reddit's fine-tuning corpus lives on the acquisition side the DOJ declined to bless, and Make Copying Irrational is the voluntary-licensing playbook if courts won't compel licensing. Relevance stays medium rather than high because this remains advocacy without a ruling — a confirmed summary judgment (the zero-engagement Reddit claim is exactly the trigger to watch) is the event that would re-price his corpus-harvesting and bounded-licensing assumptions.
dev:project.appliancedev:concept.anti-bulk-licensed-knowledge-slicingip:framework.make-copying-irrationaldev:project.redditradar:anthropic-song-training-lawsuitradar:concept.copyrightradar:concept.training-dataradar:concept.data-provenance
queries asked of Scott's wikis
  • training-data provenance and licensed-corpus assumptions in RAG/knowledge systems
  • fair use and copyright position on LLM pretraining
  • corpus acquisition vs. training vs. outputs distinction in any essay or framework
  • open-weights and open-data strategy under licensing pressure
  • agent memory and wiki ingestion from copyrighted sources
  • publisher licensing deals and content-industry positions

Measured heat

now 0 pts/hpeak 7 pts/hcomments 0/hpeers p16momentum: steady3 platformsage 986h
points/hour across evidence · reading as of 2026-10-12 02:59:37.977291+11:00 · deterministic, not a model opinion

How the heat travelled

08-31 14:00⭐ origin echo-reconstructedThe original is the U.S. government's Statement of Interest filed in the SDNY OpenAI copyright MDL (Document 316, member case 1:25-cv-03483)
United States Department of Justice on paper (echo) · attributed from reddit.post.1w5gg0r
—
09-02 17:09first on r/singularity · published · +51.2hUS government backs OpenAI in New York Times copyright case (Training is NOT infringement) [It's over for humans that create content]
Charuru
—
09-02 18:51first on r/OpenAI · published · +52.9hTrump Administration Sides With OpenAI in New York Times Copyright Lawsuit
wiredmagazine
—
09-02 19:41first on r/artificial · published · +53.7hTrump administration backs OpenAI in New York Times copyright battle
lol2funneeee
—
09-02 23:07first on hacker news · published · +57.1hJustice Dept. Sides with OpenAI in New York Times Copyright Suit
sbulaev
—
09-02 17:09amplified on r/singularityreddit.post.1w5gg0r
Charuru
peak 245 · 109 comments · 20% of case engagement
09-02 18:51amplified on r/OpenAIreddit.post.1w5jdun
wiredmagazine
peak 94 · 26 comments · 7% of case engagement
09-02 19:41amplified on r/artificialreddit.post.1w5kswn
lol2funneeee
peak 17 · 4 comments · 1% of case engagement
09-02 23:07amplified on hacker newshn.story.49543821
sbulaev
peak 15 · 1 comments · 2% of case engagement
09-03 00:54amplified on hacker newshn.story.49544650
joshka
peak 50 · 39 comments · 9% of case engagement
09-03 11:44amplified on hacker newshn.story.49548747
Anon84
peak 3 · 1 comments · 0% of case engagement
16 more amplifiers in ainews.case_chain
09-02 17:22our radar first saw it · +51.4hdiscovery anchor: reddit.post.1w5gg0r—
pace: p92 vs 519 stories at the 720h mark (now 986h old) — ahead of openai-hugging-face-rogue-agent-incident (1.0x), behind adaptive-kv-cache-streaming (0.9x)

Evidence (24) — ⭐ canonical anchor

sourceobjectauthorscorecomments
🟠 redditUS government backs OpenAI in New York Times copyright case (Training is NOT infringement) [It's over for humans that create content]
singularity
Charuru244109
🟧 echo.paper ⭐The original is the U.S. government's Statement of Interest filed in the SDNY OpenAI copyright MDL (Document 316, member case 1:25-cv-03483)United States Department of Justice——
🟠 redditTrump Administration Sides With OpenAI in New York Times Copyright Lawsuit
OpenAI
wiredmagazine9226
🟠 redditTrump administration backs OpenAI in New York Times copyright battle
artificial
lol2funneeee174
🟧 hnJustice Dept. Sides with OpenAI in New York Times Copyright Suitsbulaev151
🟧 hnUS gov sides with OpenAI on issue of training LLMs on copyrighted materialjoshka5039
🟧 hnUS Government backs OpenAI in New York Times copyright caseAnon8431
🟧 hnDOJ urges judge to rule for OpenAI, Microsoft in N.Y. Times lawsuit1vuio0pswjnm710
🟧 hnSeattle Times, Newsday sue OpenAI, Microsoft, alleging copyright infringement1vuio0pswjnm720
🟧 hnCourt Filings in A.I. Suit Invoke Copyright Law, Culture and Sports1vuio0pswjnm710
🟧 hnChatGPT Was Built on Concealed 'Mass Piracy', Authors Tell Courtfranczesko229
🟧 hnAuthors Guild, Co-Plaintiffs Seek Summary Judgment in OpenAI Copyright Caseilamont40
🟧 hnMathematicians want proof OpenAI didn't use their workkevcampb7789
🟧 hn2nd mathematician is accusing OpenAI of being dishonest about training datajacquesm50
🟧 hnRightsholders Can't Use OpenAI and Anthropic to Dismantle Meta's Seeding Defensegslin10
🟧 hnAustralian government paper proposes opt-out for AI traininglukeh10
🟧 hnMicrosoft, OpenAI lose fight to hide internal docs admitting scraping is theftpseudolus5415
🟧 hnInside Microsoft and OpenAI, Worry About Damaging the Publishing Industry0in40
🟠 redditMicrosoft director called AI scraping ‘the largest theft of labor in human history,’ while OpenAI head brands ChatGPT an ‘existential threat’ to publishers — revelations come from legal briefs filed in NYT lawsuit
artificial
beingmodest279
🟧 hnMicrosoft director: AI scraping 'the largest theft of labor in human history'jonbaer19052
🟧 hnUnsealed files describe OpenAI "research mission" to supplant human authorsilamont20
🟠 redditNew York Times OpenAI Lawsuit: Case Reached summary judgment
OpenAI
openclassactions200
🟧 hnUSA Today sues OpenAI for copyright infringement over AI traininggiuliomagnifico90
🟠 redditUSA TODAY sues OpenAI over training on 19 publications
artificial
ryanmerket292

Interpretation history

Decision trace