PEN America Advocates for Free Press in OpenAI Copyright Infringement Litigation
PEN America, alongside Protect Democracy Project and Reporters Without Borders (RSF USA), has filed an amicus brief supporting the plaintiffs in the ongoing multidistrict litigation against OpenAI. The case, consolidated in a Manhattan court under Judge Sidney Stein, centers on whether the use of copyrighted materials to train artificial intelligence models constitutes 'fair use.' OpenAI and Microsoft argue that their models 'learn' from these works without reproducing them, while publishers contend it is unlicensed copying that results in products competing with their original content. This legal battle involves numerous organizations, with briefs filed both in support of the plaintiffs, including the Authors Guild and The New York Times, and in defense of OpenAI and Microsoft, such as the Electronic Frontier Foundation and the American Library Association. The court has approved the filing of 56 amicus briefs, highlighting the broad interest and potential implications of this case for copyright law and t...
