# Open Markets Institute files amicus brief backing publishers against OpenAI, Microsoft

Published: 2026-10-31T01:17:15.461Z · Source: Open Markets Institute (https://www.openmarketsinstitute.org/publications/openai-and-microsoft-cannot-use-copyright-infringement-as-a-competitive-advantage)
Source date: 2026-10-30
Flags: Open Markets Institute is an interested party — positions are the group's
Entities: openai, microsoft, ai-litigation

The Open Markets Institute, an anti-monopoly advocacy group, said it filed a friend-of-the-court (amicus) brief on Oct. 30 supporting the news publishers suing OpenAI and Microsoft. It argues the companies cannot rely on a "fair use" defense because chatbot answers substitute for the original reporting and divert traffic, subscriptions and advertising revenue, and it cites a Microsoft acknowledgment of a "doom loop" for publishers.

The brief also argues that unlicensed copying would undercut the emerging AI content-licensing market, since developers who pay publishers face higher costs than those who do not. It challenges the Justice Department's position on AI content licensing, pointing to pay-per-use and pay-per-access deals already being negotiated. Open Markets is an advocacy group; the positions are its own.

Why it matters: Briefs from outside groups are now arguing the licensing market, not only fair use, which ties the OpenAI case to whether paying publishers for AI answers is a viable cost.

## What this answers

**Who else filed a brief supporting publishers in the OpenAI and Microsoft copyright case?**

The Open Markets Institute, an anti-monopoly advocacy group, filed an amicus (friend-of-the-court) brief on Oct. 30, 2026 in support of the news publishers, per its own announcement.


Canonical: https://anythingengineoptimization.com/item/2026-10-31-open-markets-institute-files-amicus-brief-backing-publishers-against/
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