# NYT, publishers rebut DOJ's fair-use stance in OpenAI suit

Published: 2026-09-29T17:50:07.616Z · Source: News/Media Alliance (https://www.newsmediaalliance.org/news-media-alliance-statement-on-publisher-response-to-doj-filing/)
Source date: 2026-09-29
Entities: openai, ai-litigation

The New York Times and other News Plaintiffs filed a response on Sept. 28 to the Justice Department's Sept. 1 Statement of Interest in In re OpenAI Copyright Infringement Litigation, arguing the DOJ's fair-use position contradicts trial evidence, conflicts with the Copyright Office's own analysis, and leans on an unfounded national-security argument, per News/Media Alliance. The trade group's president and CEO, Danielle Coffey, said in a statement there's "no credible argument" that OpenAI and Microsoft's use of copyrighted news content is fair use given the companies' resources to license it, comparing the practice to a utility giving away electricity for free.

Why it matters: It's the publishers' formal rebuttal to the first federal-government position on the fair-use question central to nearly every AI-copyright suit, keeping that dispute open as the case nears summary judgment.

## What this answers

**Did publishers respond to the DOJ's fair-use filing in the OpenAI copyright case?**

Yes — the New York Times and other News Plaintiffs filed a response on Sept. 28, 2026, arguing the Justice Department's Sept. 1 Statement of Interest contradicts trial evidence and the Copyright Office's own analysis, per News/Media Alliance.

**What is News/Media Alliance's position on AI training being fair use?**

Its CEO says there's no credible argument that OpenAI and Microsoft's use of copyrighted news content is fair use, given the companies' resources to license it — a stated advocacy position, not a court ruling.


Canonical: https://anythingengineoptimization.com/item/2026-09-29-nyt-publishers-rebut-doj-s-fair-use-stance-in-openai-suit/
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