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News publishers ask the court to give the Justice Department's fair-use statement no weight, saying it ignored the case record and the Copyright Office
The New York Times, Daily News, the Center for Investigative Reporting, The Intercept and Ziff Davis filed a 21-page response to the statement of interest the United States filed on September 1. They argue the statement deserves "no weight at all": it was filed days before the summary judgment motions and so without the parties' evidence; it does not engage with the Copyright Office's May 2025 report on AI training, including that report's view on copying from pirate sources; it departs from the White House's March 2026 framework encouraging licensing; and the court must decide fair use for itself on the record. They also argue that licensing fees are small next to what AI developers spend and that licenses already exist. This response comes from the news plaintiffs, not the book authors. These are one side's arguments; the court has not ruled on fair use.
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