OpenAI and Wikimedia weigh in on New York Times AI copyright suit
First merged summary.
OpenAI defends training as fair use while Wikimedia’s amicus brief splits pre-training from answers that replace sources.
On October 30, 2026, OpenAI published a statement arguing that training generative models on copyrighted works is fair use in litigation brought by The New York Times. OpenAI says training serves a different purpose, is not a substitute for the works, and should not count as market harm, and it cites amici including libraries, accessibility groups, authors, economists, startups, and the United States government. The same day, The Verge reported that the Wikimedia Foundation filed an amicus brief Friday in publisher suits against OpenAI and Microsoft, including the Times case, and took neither side. Wikimedia says unlicensed scraping and pre-training can be fair use when models add something new, but answers that copy works and replace visits need a license. OpenAI’s piece is advocacy and reports no court ruling.
- OpenAI published its fair-use statement on October 30, 2026.
- OpenAI says the Times seeks to discard a half century of fair-use precedent.
- Authors Alliance asks the court to reject market dilution as copyright harm.
- Wikimedia’s Friday brief sides with neither publishers nor the AI companies.
- Wikimedia says Wikipedia is a major training source and chatbots siphon visitors.
- Wikimedia says ChatGPT reproduces Creative Commons text without required license terms.
Timeline
dated events in the reporting · oldest first- Oct 30, 2026OpenAI publishes a fair-use statement in the Times suit. · OpenAI News
- Oct 30, 2026Wikimedia files an amicus brief taking neither side. · The Verge
What each outlet adds
beyond the shared facts- OpenAI NewsLists amici and OpenAI’s fair-use arguments; notes no ruling.
- The VergeReports Wikimedia’s split brief, visitor loss, and Creative Commons concerns.
Coverage
oldest first · one row per article · UTCOpenAI cites briefs defending fair use for AI training
The post frames The New York Times copyright suit as seeking to discard longstanding fair-use doctrine for model training.
Wikimedia urges courts to split AI training from chatbot copying
In an amicus brief, Wikimedia says unlicensed LLM pre-training can be fair use, but query answers that replace the source need a license.