Trump Admin Tells Court: Let OpenAI Rip Off The Intercept’s Articles

The Trump administration's Justice Department has sided with OpenAI in a legal dispute with The Intercept and other media organizations over the use of copyrighted content to train OpenAI's artificial intelligence systems. In a filing to a New York federal court, the department argued that the U.S. government has a strong interest in allowing OpenAI to access a vast array of intellectual property.

The administration warned that limiting OpenAI's access to data could impede scientific progress and hinder the country's global leadership in artificial intelligence. The filing was signed by associate attorneys general Stanley Woodward Jr., Brett Shumate, and senior counsel Michael Weisbuch. The Intercept's attorney, Matt Topic, dismissed the administration's stance as out of touch and a threat to the financial viability of media outlets, arguing that it contradicts the country's long-standing tradition of protecting human expression.

The lawsuit, filed by The Intercept in February 2024, claims that OpenAI's utilization of journalist-reported and written content constitutes copyright infringement. In November 2024, a judge dismissed The Intercept's claims against Microsoft but allowed its claim against OpenAI to proceed under the Digital Millennium Copyright Act.

The case was later consolidated under U.S. District Judge Sidney Stein with other media plaintiffs, including The New York Times, Tribune Media Company, and Reuters. OpenAI has defended its practice of gathering extensive copyright-protected materials for its large language models, arguing that it falls under the "fair use" doctrine, which permits unlicensed use of copyrighted material under certain circumstances.

The Justice Department supported OpenAI's defense, claiming that the plaintiffs have adopted a narrow interpretation of the doctrine. The administration's position reflects a commitment to supporting U.S.-based AI companies amid a competitive AI race with other nations, particularly China. In December 2025, President Trump signed an executive order aimed at establishing federal standards to ensure the U.S. gains the AI race.