# United States files Statement of Interest in OpenAI lawsuits: AI training is fair use; “dilution” is “deeply flawed” theory, in the view of the United States.

> Source: <https://chatgptiseatingtheworld.com/2026/09/02/united-states-files-statement-of-interest-in-openai-lawsuits-ai-training-is-fair-use-dilution-is-deeply-flawed-theory-in-the-view-of-the-united-states/>
> Published: 2026-09-02 05:57:10+00:00

Late evening, pursuant to [28 U.S.C. § 517](https://www.law.cornell.edu/uscode/text/28/517), the United States just filed a [Statement of Interest ](https://chatgptiseatingtheworld.com/wp-content/uploads/2026/09/Statement-of-Interest-of-the-United-States-on-Fair-Use-Sept-1-2026-gov.uscourts.nysd_.640396.1682.0.pdf)representing “the interests of the United States” in the fair use in AI training. The filing was in *In re OpenAI Copyright Infringement Litigation* before Judge Stein as the case heads into the summary judgment phase. The 19-page Statement makes several points, summarized below:

##### The national interest in AI development

**National interest in AI:** The United States “has a strong interest in continuing to develop a robust and competitive artificial intelligence industry that sets the standard for the practice and procedure of AI use globally.” (p. 1)

##### factor 1: Highly Transformative purpose in ai training

- The United States takes the view that AI training of “LLMS On Written Works Is Exceedingly Transformative.
**“**(p. 10): “The copying of protected text articles as part of training an LLM is a use of a different kind or character that is ‘transformative—spectacularly so.’*Bartz v. Anthropic PBC*, 787 F. Supp. 3d 1007, 1021 (N.D. Cal. 2025).” (p. 10). The United States also cites*Kadrey v. Meta Platforms, Inc.*, 788 F. Supp. 3d 1026, 1044 (N.D. Cal. 2025) (AI training is “undoubtedly ‘highly transformative.’”). Then the United States cites and discusses the Supreme Court’s decision in*Google v. Oracle*.

Excerpt from United States’ Statement (p. 11):

##### Factor 4: Market “dilution” is a “deeply flawed” theory based merely on genres

- The United States takes the view that the new theory of “
**market dilution**” under Factor 4 of fair use being advanced by some copyright holders is “** deeply flawed**” because- (i) outputs must be analyzed as a separate use from AI training under
*Warhol*‘s use-by-use analysis of fair use (therefore it is not relevant in analyzing the training uses) and - (ii) outputs that are not substantially similar but are simply in the same genre of works used to train the AI model do not constitute cognizable market harm “in the relevant sense” under Factor 4 of fair use.

- (i) outputs must be analyzed as a separate use from AI training under

Excerpt from United States’ Statement (pp. 13-18):

Obviously, there is much to digest.

**DOWNLOAD** **THE UNITED STATES’ STATEMENT OF INTEREST:**