A.I. Progress files amicus brief backing OpenAI's fair-use defence

What happened

On 30 October 2026, A.I. Progress, Inc. filed a 31-page amicus brief in support of the defendants' motions for summary judgment in *In re OpenAI, Inc. Copyright Infringement Litigation*, No. 1:25-md-03143 (S.D.N.Y., Judge Sidney H. Stein), docket entry 2370-1. It is one of the briefs filed on the defendants' side in the case, in contrast to the larger number of briefs supporting the author and news plaintiffs.

What the brief argues

The brief argues that fair use has long enabled transformative technologies that advance copyright's purpose of expanding public knowledge and understanding, and that generative AI training is a "quintessentially transformative" use within that tradition. On market harm, it argues that training does not provide a substitute for the copyrighted works; that publicly announced business agreements between AI companies and publishers do not establish a licensing market for AI training; that copyright owners cannot manufacture market harm by defining the relevant market as a licence for the challenged use; and that copyright does not protect authors from competition or "market dilution". The brief relies on, among others, *Google v. Oracle*, *Authors Guild v. Google*, *Bartz v. Anthropic* and *Kadrey v. Meta*.