News/Media Alliance and Open Markets Institute Urge Court to Reject OpenAI Fair Use Defense

News/Media Alliance said in an announcement that it filed an amicus brief supporting news publishers suing OpenAI and Microsoft over their use of news content. Open Markets Institute said in a separate announcement that it also filed a brief asking the court to reject the companies' fair use defense.

In the multidistrict litigation, more than a dozen news publishers accuse OpenAI and Microsoft of using their content without permission to train AI systems and power real time AI answers. OpenAI has published its own fair use arguments in the case. The litigation is in the summary judgment phase in the US District Court for the Southern District of New York.

News/Media Alliance argues that chatbot summaries and copies can substitute for original articles, reduce publisher traffic and damage the market for licensing news to AI companies. Its filing was joined by the National Newspaper Association, National Press Photographers Association and ProPublica.

Open Markets Institute argues that companies paying to license content face higher costs than competitors using it without permission. It asked the court to grant the publishers' summary judgment motion and deny the motion from OpenAI and Microsoft.