# Justice Department backs fair use in OpenAI copyright case

Published: 2026-09-02T07:02:26.695Z · Source: Chat GPT Is Eating the World (https://chatgptiseatingtheworld.com/2026/09/02/united-states-files-statement-of-interest-in-openai-lawsuits-ai-training-is-fair-use-dilution-is-deeply-flawed-theory-in-the-view-of-the-united-states/)
Source date: 2026-09-02
Entities: openai, ai-litigation

The U.S. Department of Justice filed a Statement of Interest on Sept. 1 in In re OpenAI Copyright Infringement Litigation, before Judge Sidney Stein, arguing that training large language models on copyrighted text is a "transformative" fair use, per Chat GPT Is Eating the World. The 19-page filing, submitted under 28 U.S.C. § 517 as the case heads into summary judgment, also called plaintiffs' "market dilution" theory — that AI outputs harm a work's market merely by resembling its genre — "deeply flawed," arguing outputs must be assessed separately from training under copyright's fourth fair-use factor.

Why it matters: It's the first time the federal government has formally weighed in on the fair-use question at the center of nearly every AI-copyright suit, a position courts elsewhere may look to as more of these cases reach summary judgment.

## What this answers

**Has the US government taken a position on whether AI training is fair use?**

Yes — the Justice Department filed a Statement of Interest on Sept. 1, 2026 in In re OpenAI Copyright Infringement Litigation, arguing that training AI models on copyrighted text is a transformative fair use, per Chat GPT Is Eating the World.

**What is the "market dilution" theory in AI copyright lawsuits?**

It's copyright holders' argument that AI outputs harm the market for their works simply by resembling the same genre as the training material; the DOJ's filing called this theory "deeply flawed."


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