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Peri News / United States

OpenAI: three associations argue for fair use in AI training

CCIA, NetChoice and TechNet seek permission to submit an AI training brief. The motion and proposed order do not establish that the brief was accepted.

Three booklets with muted blue covers beside a graphite-colored microchip on a white background, with soft light and subtle shadows.
AI-generated illustration

CCIA, NetChoice and TechNet have sought permission to submit an amicus brief in In re OpenAI, Inc. Copyright Infringement Litigation, the multidistrict proceedings before the US District Court for the Southern District of New York. Their motion, filed on 30 October 2026, attaches a proposed brief supporting the defendants’ summary judgment motions and opposing the plaintiffs’ motions. CCIA announced the initiative on 2 November in “CCIA Files Joint Amicus Brief in AI Training Copyright Case”, on its website. The attached proposed order is unsigned and does not establish that permission was granted.

The associations argue that copying books and articles to extract statistical patterns when training generative AI models constitutes a transformative use protected by US fair use. They dispute whether competition from new, non-infringing works constitutes legally cognizable harm to the market for the original works. They further argue that offering licences for a transformative use is insufficient to establish harm from lost fees. These are arguments advanced by the prospective amici, rather than a ruling on the lawfulness of AI training.

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