> ## Content Index > Fetch the complete content index at: https://www.notatechguy.com/llms.txt > Use this file to discover other available public pages before exploring further. # OpenAI shares court briefs to argue fair use covers AI training - URL: https://www.notatechguy.com/openai-shares-court-briefs-to-argue-fair-use-covers-ai-training/ - Published: 2026-10-30T22:20:35.000Z - Updated: 2026-10-30T22:20:35.000Z - Description: OpenAI published excerpts from court briefs arguing fair use doctrine supports AI training, though no court has ruled on the question. - Author: Marcello Babbili - Tags: Technology & AI, OpenAI, Google OpenAI posted excerpts from court briefs on its website on October 30, 2026, arguing that fair use doctrine protects training AI on copyrighted works [S¹](https://openai.com/index/fair-use-benefits-everyone?ref=notatechguy.com). Fair use is the legal principle that permits use of copyrighted material without permission in certain circumstances. No court has ruled that AI training qualifies as fair use. The briefs OpenAI chose to highlight represent one side of an unresolved legal fight. OpenAI has not released the full text of any brief, only excerpts it selected, and the article names no specific court cases, jurisdictions, or individual filers, so the original briefs cannot be checked against OpenAI's selected passages — the claim that these briefs support fair use for AI training rests on a vendor's own curation, with no independently verified case names, no released source documents, and no court rulings to confirm it [S¹](https://openai.com/index/fair-use-benefits-everyone?ref=notatechguy.com). **My read:** This is the clearest public advocacy push I've seen from OpenAI on fair use. The company is curating sympathetic voices — creators, academics, accessibility advocates, to frame fair use as settled doctrine applied to a new technology. It isn't settled. What I'd watch: whether any of the excerpts name specific cases, jurisdictions, or judges, because the article as published doesn't, and that makes independent verification impossible. The headline, "fair use benefits everyone," is a lobbying position, not a legal conclusion. The article pulls selected passages from court briefs filed by creators, academics, accessibility advocates, and legal experts [S¹](https://openai.com/index/fair-use-benefits-everyone?ref=notatechguy.com). OpenAI says these briefs show how fair use supports AI training and innovation [S¹](https://openai.com/index/fair-use-benefits-everyone?ref=notatechguy.com). The company does not publish the full text of any brief, only excerpts it chose. Google News indexed the article the same day it appeared [S²](https://news.google.com/rss/articles/CBMiYkFVX3lxTE4xRFJYTWdFRS1kQWdTY1BCamowNGFzOW04b19BLVM1aEt0U01LeXg1eUJSVWZGb1JFVUtia0FFMjBGMWRfWUxpNnpudEtoS0lVQlZITmIyU1VmUFAxbG1XclNR?oc=5&ref=notatechguy.com), but no independent legal reporting has corroborated the contents or the identities of the brief authors. ### Fair use framing extends a years-long platform-publisher dispute OpenAI has been building toward this argument for months. In January 2024, the company published a separate page on its relationship with journalism, stating it wanted to build AI tools that give people more capability while recognizing friction with news publishers [P⁶](https://openai.com/index/openai-and-journalism/?ref=notatechguy.com). That page framed licensing deals as part of the solution but did not concede that training on copyrighted news articles required permission. The company has also been studying how people actually use its tools in workplaces, part of a broader effort to position itself as a toolmaker rather than a content competitor. Google, which faces its own legal pressure over how it handles news content, has been making parallel arguments since at least 2020\. Richard Gingras, then VP of News at Google, wrote in June 2020 that the decades-old news business model was under severe strain and cast Google's role as sending traffic to publishers [P³](https://blog.google/company-news/outreach-and-initiatives/google-news-initiative/setting-record-straight-news/?ref=notatechguy.com). The same tension — platforms using news content to build products while publishers demand compensation, now runs through the AI training debate. For a news publisher, a law firm advising media clients, or a university technology transfer office, the practical question is unchanged. Will a court treat AI training like the search-engine indexing that Google successfully defended, or like something new that requires licences? A media-company general counsel who today assumes training requires a licence would need to prepare for the possibility that a court disagrees, while a startup building a model on scraped text would face the inverse risk — that a ruling finds training is not fair use and forces a halt or a licensing round. OpenAI's article is an argument that it is the former. No ruling has confirmed that. The next checkpoint is not a blog post. It is whatever court, in whatever jurisdiction, first issues a decision on whether training a language model on copyrighted text without a licence is fair use. OpenAI's article does not name that case, and the company has not said when it expects one. --- *Sources: [S1 — Fair use benefits everyone](https://openai.com/index/fair-use-benefits-everyone?ref=notatechguy.com) · [S2 — Fair use benefits everyone - OpenAI](https://news.google.com/rss/articles/CBMiYkFVX3lxTE4xRFJYTWdFRS1kQWdTY1BCamowNGFzOW04b19BLVM1aEt0U01LeXg1eUJSVWZGb1JFVUtia0FFMjBGMWRfWUxpNnpudEtoS0lVQlZITmIyU1VmUFAxbG1XclNR?oc=5&ref=notatechguy.com) · [P3 — Setting the record straight on news](https://blog.google/company-news/outreach-and-initiatives/google-news-initiative/setting-record-straight-news/?ref=notatechguy.com) · [P4 — lewisdonovan/google-news-scraper](https://github.com/lewisdonovan/google-news-scraper/?ref=notatechguy.com) · [P5 — fairlearn/fairlearn](https://github.com/fairlearn/fairlearn?ref=notatechguy.com) · [P6 — OpenAI and journalism | OpenAI](https://openai.com/index/openai-and-journalism/?ref=notatechguy.com)* --- *Written from 6 sourced items, 5 of them primary.* ## More from Not A Tech Guy - [NVIDIA Halloween demo runs full voice AI on one workstation](https://www.notatechguy.com/nvidia-halloween-demo-runs-full-voice-ai-on-one-workstation/) - [Ansible hits GitHub trending at 71,157 stars](https://www.notatechguy.com/ansible-hits-github-trending-at-71-157-stars/) - [Dobb optimizer cuts GPU training call time from 124ms to 9ms](https://www.notatechguy.com/dobb-optimizer-cuts-gpu-training-call-time-from-124ms-to-9ms/)