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CCIA, NetChoice and TechNet file amicus brief backing fair use for AI training in NYT v. OpenAI

Oct 29, 2026 · Gathered automatically from public sources. Not reviewed by a person.

What happened

The Computer & Communications Industry Association (CCIA) says it co-filed a joint amicus brief with NetChoice and TechNet in New York Times v. OpenAI before the US District Court for the Southern District of New York, a case about OpenAI training AI on copyrighted material.

What the brief argues

According to CCIA, the brief argues that using copyrighted material for AI training qualifies as permissible fair use under the Copyright Act and the purposes of copyright in the Constitution, because the use is highly transformative: it identifies patterns and enables entirely new technology tools. The brief also dismisses the plaintiffs' "market dilution" concern — the idea that AI creations could flood a market and decrease value — as an unrecognized and unrealistic theory of harm.

The filer's framing

CCIA president and CEO Matt Schruers is quoted saying copyright was envisioned as a means to promote artistic and scientific progress, and that the brief asks the court to affirm that training AI is fair use and should be allowed as it advances a new technology and complies with the law as intended.

Why it matters here

This is one more industry-side amicus filing in the consolidated OpenAI copyright litigation, on the opposite side of the argument from publisher- and creator-side briefs filed the same week. It is a party's advocacy filing, not a court ruling, and the brief text itself was not attached to the CCIA announcement page reviewed for this item.

Sources