A.I. Progress coalition files brief backing fair use for AI training in OpenAI copyright MDL

What happened

On 30 October 2026, A.I. Progress, Inc., a coalition of AI developers, filed a proposed amicus brief supporting OpenAI and Microsoft's motions for summary judgment in In re OpenAI, Inc. Copyright Infringement Litigation, the consolidated copyright multidistrict litigation before Judge Sidney H. Stein in the Southern District of New York (No. 1:25-md-03143). 30 October was the court's deadline for amicus briefs; replies are due 20 November 2026 and no ruling date has been set.

What the brief argues

A.I. Progress argues that generative AI training is fair use: that training uses copyrighted works for a fundamentally different, transformative purpose, does not provide the public with substitute access to those works, and does not cause the market harm cognizable under the Copyright Act. It argues that claims of a training-licensing market are circular, that publicly announced AI licensing deals do not establish such a market, and that access and retrieval licenses are a different market from training data. It warns that a ruling against fair use would foreclose AI benefits across sectors.

Status

This is a proposed amicus brief, not a ruling. It is distinct from the Chamber of Progress brief filed the same day, which was already published on this site; A.I. Progress is a separate coalition.