# ROSS Intelligence flags DOJ's fair-use view to Third Circuit

Published: 2026-09-04T16:48:55.085Z · Source: Chat GPT Is Eating the World (https://chatgptiseatingtheworld.com/2026/09/04/ross-intelligence-informs-third-circuit-of-united-states-statement-of-interest-in-openai-suits/)
Source date: 2026-09-04
Entities: openai, ai-litigation

ROSS Intelligence filed a Rule 28(j) letter of new authority with the Third Circuit on Sept. 4, pointing the panel to the U.S. Department of Justice's Sept. 1 Statement of Interest in the OpenAI MDL copyright litigation, per Chat GPT Is Eating the World. The letter quotes the government's position that the U.S. "has a strong interest in the question whether training AI models on written works constitutes fair use under copyright law," arguing that stance applies broadly to AI training, not only to generative AI. ROSS Intelligence is a defendant-appellant in Thomson Reuters v. ROSS Intelligence, one of the earliest rulings against an AI company on fair use grounds; the source expects other AI companies facing copyright suits to file similar letters citing the DOJ's position.

Why it matters: It's the first sign the DOJ's fair-use position is being cited outside the case it was filed in, reaching a Third Circuit appeal that predates the current wave of AI-copyright suits.

## What this answers

**Is the Justice Department's OpenAI fair-use position being cited in other AI copyright cases?**

Yes — ROSS Intelligence cited the DOJ's Sept. 1 Statement of Interest in a Sept. 4 letter to the Third Circuit, which is hearing Thomson Reuters v. ROSS Intelligence, an early AI-training copyright case.


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