DOJ Supported OpenAI in Copyright Lawsuit

The U.S. government filed a brief arguing that AI model training constitutes fair use for national security.

Updated on Oct. 11, 2026 in Artificial Intelligence

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The U.S. Department of Justice has filed a legal brief in New York supporting OpenAI's position in a copyright case, citing national security interests in AI training. AI Illustration. Upload story photo >

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The U.S. Department of Justice submitted a filing to the U.S. District Court in New York supporting OpenAI in a copyright lawsuit brought by Encyclopaedia Britannica. The government argues that allowing AI model training is essential for national security.

Why it matters

Federal officials contend that restricting AI training could hinder the development of advanced weapon systems and intelligence analysis, potentially granting competitive advantages to foreign adversaries.

The case centers on the usage of nearly 100,000 online articles for AI training purposes. OpenAI maintains that its models utilize publicly available data to power its platforms.

The players

OpenAI

This research and deployment company focuses on the development of artificial intelligence models.

Encyclopaedia Britannica

Founded in 1768, this publisher produces general knowledge reference works.

Michael Weisbuch

He serves as the deputy associate attorney general for the United States.

Donald Trump

He is the current President of the United States.

The details

Encyclopaedia Britannica claims the company infringed on its copyright and trademarks. The government filing, signed by deputy associate attorney general Michael Weisbuch, frames this dispute within the broader context of AI innovation as prioritized by President Donald Trump.

Timeline

  1. 1768: Encyclopaedia Britannica was founded in Edinburgh.

  2. 1771: The publisher released its first three-volume edition.

  3. June 2026: President Trump issued an executive order on AI innovation.

  4. October 2026: The Department of Justice filed its submission in federal court.

The Tech Race

The federal government is increasingly aligning its legal strategy with the June 2026 executive order on AI innovation to ensure competitive parity with foreign rivals. This shift highlights the tension between legacy intellectual property rights and the rapid technological evolution of AI systems.

The outcome of this legal battle may dictate the pace and availability of future AI tools and services for the general public. Depending on the court's decision, users could see changes in how AI models are trained and what information they are permitted to synthesize.

The takeaway

This case illustrates the mounting pressure on the judicial system to reconcile traditional copyright protections with the requirements of emerging national security technologies. Readers should anticipate ongoing litigation as courts attempt to define fair use in an era of large-scale data ingestion.

Further reading

For more on the intersection of law and technology, explore the Artificial Intelligence section.

Source note: This article includes information reported by The Scotsman.

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