EFF Defends Fair Use in In re OpenAI Case

On October 30, 2026, EFF filed an amicus brief in the In re OpenAI case, defending fair use in the training of generative AI models and warning that narrowing the doctrine under publisher pressure will restrict developers, journalists, researchers, and ordinary users.

Compiled by Sergey KostenchukPublished 2026-10-31Updated 2026-10-31

2026-10-31 Safety OpenAI

🛡 EFF Defends Fair Use in In re OpenAI Case

On October 30, 2026, EFF filed an amicus brief demanding that fair use not be narrowed in the training of generative models: according to the organization, such restrictions would also impact journalists, researchers, and ordinary users.

🌍 The outcome of the case will determine whether model training remains fair use; mandatory data licenses, according to Lawrence Lessig, would leave training only to a "handful of tech giants," while small teams and academic projects face barriers.

👤 Plaintiffs propose recognizing everyday online actions—opening emails, clicking links, streaming—as potential copyright infringements. Tools like Be My AI, which provides image descriptions for the blind, are also at risk.

Source 1: https://www.eff.org/deeplinks/2026/10/rewriting-copyright-law-generative-ai-would-hurt-everyone

Source 2: https://meridian48.com/news/eff-warns-against-narrowing-fair-use-in-ai-copyright-lawsuits-54f9c0

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