Friends, The Wikimedia Foundation is raising its voice on a topic near and dear to our work: fair use.
We have filed a an amicus brief, a “friend of the court” <https://simple.wikipedia.org/wiki/Amicus_curiae> submission, regarding a major copyright case involving OpenAI, the NYT, and Microsoft. You can read our explanatory blog post here <https://medium.com/wikimedia-policy/our-advice-in-the-nyt-v-openai-case-74db1f341082> (and a lighter version here <https://diff.wikimedia.org/2026/10/30/why-wikimedia-is-speaking-up-in-a-major-ai-copyright-case/>) as well as the amicus brief itself <https://commons.wikimedia.org/wiki/File:26.10.29_WMF_motion_and_amicus_In_re_OAI.pdf> . ____ *Why we're involved* We believe this case revolves around the following question: When AI companies use copyrighted information does it qualify as fair use? How the court decides to answer that question will have significant implications for free knowledge in the era of AI, particularly how people find and use information. *Our main argument? The answer is somewhere between the extremes.* The New York Times filed a lawsuit in 2023 which is now part of this case, in which they argued that OpenAI and Microsoft used NYT copyrighted content without permission. OpenAI and Microsoft argue that using publicly available material to develop their AI systems qualifies as fair use. The Wikimedia Foundation sees risks in overly broad answers in either direction. We are advocating for a balanced position that considers each stage of use when considering AI technology. This will protect fair use that enables valuable new technologies, while respecting the rights of people, publishers, and communities that make reliable knowledge possible. ____ If there is sufficient interest, we can cover this amicus brief and our arguments in the November advocacy network call. Wishing you all a lovely weekend, Ziski Franziska Putz (she/her) Senior Movement Advocacy Manager Global Advocacy, Wikimedia Foundation [email protected] UTC Timezone
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