Foundation for American Innovation backs OpenAI with national security fair use argument

The Foundation for American Innovation filed a proposed amicus brief supporting OpenAI's fair use position in its copyright litigation, the group said in an announcement.

The brief argues that courts should consider the public benefits of AI training when assessing market effects under the fourth factor of the fair use test. It says those benefits include national security capabilities used for intelligence analysis, cyber defense, operational planning and decision support.

The group says models gain language, synthesis, translation, coding and reasoning capabilities by learning patterns across large collections of data. It argues that requiring permission for training could restrict access to useful material and reduce capabilities in systems acquired or adapted by the government.