House Judiciary Democrats tell the court in the OpenAI copyright case that “National security is not a fair use factor”

Representatives Jerrold Nadler, Jamie Raskin and Hank Johnson, Democrats on the House Judiciary Committee, said on 30 October that they had filed an amicus brief in In re OpenAI, Inc. Copyright Infringement Litigation in the Southern District of New York, the case that includes The New York Times's suit against OpenAI and Microsoft.

They oppose the Justice Department's argument that national security can justify AI companies training on copyrighted work without paying for it. Their release says the Justice Department intervened on 1 September in support of the AI companies. The release highlights the brief's line: “National security is not a fair use factor under the Copyright Act.”

The lawmakers say the Copyright Act contains no national-security exception, and that treating it as a factor would add an exception Congress did not enact. Fair use is the doctrine that lets some copying go ahead without permission. The release says courts must weigh how the work was used, how much was copied and whether the copying harms the market for the original.

The brief comes from the minority on the committee, so it shows the Democrats' position rather than the committee's. After the 3 November midterms, in which Democrats won both chambers, that position matters more. This story is in the catch-up lane: it happened on 30 October and had not run.

• Confirmed Nadler, Raskin and Johnson announced on 30 October that they had filed an amicus brief in the OpenAI copyright litigation in the Southern District of New York. Office of Rep. Jerrold Nadler
• Claimed The lawmakers argue that national security is not a fair use factor under the Copyright Act. Office of Rep. Jerrold Nadler
• Confirmed Per the release, the Justice Department intervened on 1 September in support of the AI companies. Office of Rep. Jerrold Nadler