OpenAI argues that restricting AI training on copyrighted works could significantly impact America's competitive edge in artificial intelligence development, particularly against China.

The company is advocating for AI training to be classified as fair use under U.S. copyright law, with the upcoming "US AI Action Plan" potentially addressing this issue. OpenAI maintains that their training methods don't replicate copyrighted works but rather learn patterns and structures to create new content.

Key developments in the copyright debate:

• A U.S. judge has ruled against AI training as fair use in the Thomson Reuters/Westlaw case
• The UK is developing legislation to allow AI training on copyrighted works with an opt-out system
• Several ongoing lawsuits, including a major case between OpenAI and The New York Times, await resolution
• The White House's AI Action Plan, expected in July, may define new policies on AI training and copyright

OpenAI argues that China will continue accessing copyrighted data regardless of restrictions, potentially gaining an advantage if U.S. companies face limitations. They emphasize that their training approach aligns with copyright law's core objectives by creating new works without diminishing the original content's commercial value.

The company suggests that U.S. copyright strategy should prioritize the AI industry's "freedom to learn" to maintain competitiveness in global AI development while ensuring appropriate protections for intellectual property creators.

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