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Wikimedia urges narrow fair use reading in New York Times AI copyright case

A ruling that is too broad in either direction could affect free knowledge and open source tools, not just the parties to the suit.

The Wikimedia Foundation filed an amicus brief in the New York Times lawsuit against OpenAI and Microsoft, declining to back either side and urging a narrower reading of fair use for AI. It argues that training large language models on copyrighted material could qualify as fair use when the output is meaningfully new, but that systems reproducing articles to users in ways that replace the originals should need a license. The foundation warns that an overly sweeping ruling in either direction could harm free knowledge and open source tools, noting Wikipedia's own content is a major training source while editors also use AI to catch vandalism and copyright violations. A summary judgment decision is expected soon, and the case is one of more than a dozen similar suits moving through the courts.

Why it matters

The foundation's position separates two uses: training a model on copyrighted text may be fair use when the output is genuinely new, but a system that reproduces articles in ways that replace readers' visits to the originals should need a license. For readers, that distinction could decide whether AI answers send traffic back to the sources they draw on or substitute for them. Because a summary judgment is expected soon and more than a dozen similar cases are pending, the reasoning adopted here may shape how the wider web's content is used by AI systems.

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Checked against its sources before publishing · 30 October at 19:10