Open Markets Institute files amicus brief backing publishers against OpenAI, Microsoft
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.
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.
The record: OpenAIMicrosoftAI training & copyright litigation
Posted to the wire October 30, 2026. Edited by Joe Balewski.