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US government sides with OpenAI on issue of training LLMs on copyrighted material

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The US government filed a 20-page brief arguing that unlicensed use of copyrighted material for LLM training qualifies as fair use. This removes near-term legal risk for production deployments and lowers compliance costs, but it also locks in the current data-scraping model—if courts later reverse, retroactive licensing or model retraining could become mandatory.

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