Oppose any narrowing of fair use rights in the ongoing AI copyright litigation, including In re OpenAI. The stakes here go far beyond publishers and tech companies. A ruling against fair use would threaten medical research, investigative journalism, and tools like Be My AI, which uses GPT models to provide visual descriptions for people who are blind or have low vision. Courts have already found fair use in AI training cases, recognizing that training uses copyrighted works for a fundamentally different purpose.
The plaintiffs' arguments would also cast legal doubt on routine internet activity. As EFF's amicus brief explains, requiring users to verify that every copied work was lawfully obtained would undermine "the billions of copies we collectively make every day through routine online activities like opening emails, clicking on an embedded link, visiting websites, sharing pictures, streaming music, and watching videos." That is not a narrow technical fix. It rewrites how the internet works.
Mandatory licensing is no solution either. As Professor Lawrence Lessig recently noted, if all training requires a license, only a handful of tech giants will be able to afford it. That entrenches the very companies critics want to rein in, while shutting out academic researchers and smaller competitors. Copyright law exists to promote creativity for the public good, not to hand more leverage to powerful media conglomerates. Protect fair use.
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