DOJ Backed OpenAI in Copyright Infringement Lawsuit

The government argues AI model training serves national security interests under fair use principles.

Updated on Oct. 11, 2026 in Artificial Intelligence

Bold flat-color editorial illustration featuring a navy blue monolithic server pillar against a cream background, symbolizing national technological policy. — The Department of Justice has filed a brief supporting OpenAI in an Encyclopaedia Britannica copyright lawsuit, citing national security interests. AI Illustration. Upload story photo >

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The U.S. Department of Justice has filed a submission in federal court supporting OpenAI against a copyright lawsuit brought by Encyclopaedia Britannica. The government asserts that training AI models with publicly available data constitutes fair use and is vital to national security.

Why it matters

The government filing underscores an official position that AI development is necessary for enhancing weapon systems and intelligence analysis. Federal officials warn that restricting access to training data could cede competitive advantages to foreign adversaries.

The dispute centers on Encyclopaedia Britannica's claim that OpenAI utilized 100,000 of its articles for training without authorization. The government argues this use is essential for national security capabilities, contrary to the publisher's infringement claims.

The players

OpenAI

A developer of large-scale generative AI models focused on competitive market positioning.

Encyclopaedia Britannica

A long-standing publisher of reference materials that has transitioned to digital content and data licensing.

Michael Weisbuch

The Deputy Associate Attorney General who signed the government filing.

President Donald Trump

The current President of the United States who issued an executive order on AI innovation in June 2026.

The details

The Department of Justice filing, signed by Deputy Associate Attorney General Michael Weisbuch, frames AI training as a critical technological process for national intelligence and defense. Encyclopaedia Britannica, which has produced reference materials since 1771, contends that the unauthorized use of its content infringes on its intellectual property. The government argues such constraints on data access threaten long-term innovation in the United States.

1768: Encyclopaedia Britannica was founded in Edinburgh.
1771: The publisher released its first three-volume edition.
June 2026: President Donald Trump issued an executive order regarding AI innovation.
October 2026: The U.S. Department of Justice filed its submission in New York.

The Tech Race

This filing aligns with the government's mandate to support domestic AI development as established by President Donald Trump's June 2026 executive order on AI innovation. The move follows a clear pattern of prioritizing domestic AI capabilities as a critical national security asset.

The federal government's position may influence future court rulings regarding the legal accessibility of training data for AI companies. This could impact how AI tools are developed and the types of high-quality, proprietary information developers can access for future models.

The takeaway

This submission confirms the federal government's intent to protect AI development workflows from being constrained by traditional copyright litigation. Observers should track the pending proceedings in the U.S. District Court in New York for the next judicial signal on fair use for AI models.