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MIKE DAVIS: The Trump DOJ should withdraw its statement of interest in the OpenAI lawsuit

and a link to conservative attorney Mike Davis’s piece on this exact statement of interest (Davis called for the DOJ to withdraw it!!!). The reporting on the failure to consult other agencies and now unsealed SJ motion only makes Davis even more right on this. /12 www.foxnews.com/opinion/mike...

foxnews.com

Trump's Justice Department backed OpenAI's fair use argument for AI training on copyrighted works, a move critics say lets Big Tech steal from creators.

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Here is the thread back to the recent unsealing in this case which highlights some of the evidence from "inside the house" that supports summary judgment. /11 bsky.app/profile/kint...

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Enforcing copyright doesn't stop or even slow AI. It just means getting permission to use it. "The DOJ’s policy pronouncements cannot override the court’s duty to apply statutory fair use factors as Congress enacted them." /10 storage.courtlistener.com/recap/gov.us...

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"The funds to pay copyright owners for their content are readily available to all of these companies." /9

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DOJ said paying copyright owners could threaten AI competition. Absurd. NYT answers politely: these are among the largest companies in the world spending billions (on compute, data centers, chips and electricity). The funds are available. Duh (my word). /8

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NYT asks the question DOJ avoids: if this policy decimates newsrooms, who reports the news? Are we going to trust generative AI companies to hire their own internal news corps and consolidate control over information? ahem, doom loop. /7

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The US Copyright Office also concluded copying expressive works to generate unrestricted competing content, where licensing is reasonably available, is unlikely to qualify as fair use. That is part of the market harm question. Judge Chhabria noted it, too, despite spin on it. /6

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The Copyright Office already rejected the claim that "to train AI models is inherently transformative [simply] because it is not for expressive purposes." Its words: "We view this argument as mistaken." Ahem, that totally undercuts DOJ’s core argument. /5

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DOJ’s "fair use analysis" conflicts directly with *our own US Copyright Office*. DOJ says AI training is "extraordinarily transformative." The Copyright Office closely examined the facts and reached the opposite conclusion on the key questions. /4

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DOJ leaned on White House's increasingly lonely *policy*: unimpeded AI development, data centers, national security...China, China, China. NYT answered back clearly: the Executive can advocate policy but courts shouldn't weigh these preferences against clear legal principles. /3

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This problem for DOJ lines up with MSFT/OpenAI's same problems -> the evidence comes from inside their own houses. So copyright expertise comes from the US Copyright Office just as admissions on substitution, theft, and the “doom loop” came from OpenAI/Microsoft’s own people. /2

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Igdras the Lizard @igdrasthelizard.bsky.social · 19/09/2026

Oomph, DofJustice. NYT’s just filed response after DOJ [wrongly] inserted itself in OpenAI/MSFT case. Kicks off w/ line DOJ won't be able to avoid: DOJ's statement asks court to ignore US Copyright Office blessing what Defendants themselves called “the largest theft of labor in human history.” /1

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Reposted by Jason Kint

I promise I won't do this often, but if you haven't read up on this, please do. I'm sure I'm preaching to the choir here, but AI is theft, the people who made it designed it to be theft, and anyone who uses it is a thief. If you disagree, walk into the sea and don't stop.

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Jason Kint @kint.bsky.social · 18/09/2026

So we’ve learned through *human* news reporting this week that AI almost started a war with China and killed 123 children. But President Trump is banning several major newsrooms from the White House. Oh and the AI leaders stole the work of the humans. Great work all.

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Jason Kint @kint.bsky.social · 18/09/2026

Wow, you’ve outdone yourself, Daily News, courtesy of brutally candid Microsoft employee quote unsealed. Red box is mine.

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Reposted by Jason Kint

Claire Atkin @catthekin.checkmyads.org · 18/09/2026

Wow. I’ve asked every single AI leader I’ve met about this and now we have a name for it! DOOM LOOP: the idea that AI feeds off news without giving anything back to support the news production process, ultimately sickening the information ecosystem in a way that harms itself too. Like a parasite!

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Jason Kint @kint.bsky.social · 18/09/2026

Journos may appreciate this kicker. /14 www.niemanlab.org/2026/09/an-a...

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Reposted by Jason Kint

Prasad Jallepalli, MD, PhD @prasad.bsky.social · 18/09/2026

In a deposition, Microsoft CEO Satya Nadella said that chatbots provide “information right there on the website on the AI platform versus needing to go to the underlying source” 🤦🏽

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And to be clear, I read through MSFT's unsealed SJ, too. Nothing of substance unsealed outside of plaintiffs news witnesses saying GAI isn't the same as what journalists are capable of. Duh. They're using it as a lay term rather than the legal meaning. /11

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here is a link to my prior thread on the Summary Judgement filings. Safe to say, my first tweet would have been different if I knew at the time that the defendants' themselves had called it "an astonishing theft of unprecedented proportions." /10 x.com/jason_kint/s...

x.com

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two different paragraphs, two different sections but encourage you to click and read the unsealed (pink) of both of them together. And stop and think about the impact and harm to news media and civil society. /8

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this is a super damning bit where OpenAI and Microsoft's own highly compensated experts (Tucker a regular big tech expert often Facebook/privacy cases) back up substitution, traffic reduction harms, and the distinction from search. /7

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touche. "Defendants do not dispute that the reason ChatGPT and Copilot are 'good at news' is because they trained on stolen news content." /6

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Maybe unlike OpenAI, Microsoft's CEO Satya Nadella seems to understand the law and why OpenAI would be breaking it. Maybe he gets ethics, too. Interestingly they still swapped data sets as "horse trading" as this damaging but descriptive term was redacted everywhere. /5

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Blood boiling. Not a good look for OpenAI or Greg Brockman here: "ah nice" in response to "a hack to get around nytimes paywall" in his efforts "to scrape" The Times website. After many points on his bragging about OpenAI's substitution for news. /4

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Not good, OpenAI. "Read this NYTimes" article.. "Summarize" this NYTimes article... (NYT content in red). /3

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Straight from OpenAI's Brockman and Microsoft's Nadella - 'doom loop' for the entire web [as they vacuum up and substitute the work of journalism and threaten their economic foundations]. /2

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Jason Kint @kint.bsky.social · 02/09/2026

Eye popping. Court just unsealed Summary Judgment motions in New York Times v OpenAI / Microsoft. Easy to see why the AI companies had so many redactions (pink). Their own people wrote the lede for NYT, the "largest theft of labor in human history"... "more and more substitutive..." /1

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USvGoogle Part II. Been answering inbounds all day but tried to cover the nuance with a full statement here. Happy to unpack it, we obviously need to wait for the unseal. It's a bad take to simply suggest this is a declining biz no one cares about (including Google). It matters much.

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Norman @noaasm.bsky.social · 27/08/2026

There has been a lot of coverage regarding Meta´s $17 billion settlement to end child safety trial, however, @kint.bsky.social has written a good piece covering 2nd settlement buried inside the child safety case settlement.

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Tech Policy Press @techpolicypress.bsky.social · 27/08/2026

The word “Cambridge" appears 45 times in the $17 billion Meta child-harms settlement, notes Jason Kint. Buried inside: a $459,293,017.80 payment resolving Cambridge Analytica claims across at least 46 states and two territories.

buff.ly

The $459 Million Cambridge Analytica Reckoning Buried in Meta's Teen Safety Settlement

Tucked inside the landmark settlement is another settlement, writes Jason Kint.

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Serge Egelman @v0max.bsky.social · 28/08/2026

…but not New Mexico, where I’m off to in a week to testify in their case against Meta stemming from Cambridge Analytica! The trial kicks off Sept. 8th.

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Jason Kint @kint.bsky.social · 26/06/2026

Good to see the bipartisan work here - noted.

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btw, it's worth noting this graph in the complaint as it's inclusive of Meta/Facebook PR (Stone)'s response while Meta was apparently working to get her silenced... and it's now an allegation of Meta disparaging her in violation of the separation agreement.

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Here is a link to 57pg complaint. Apparently, Meta has chased her for even sitting silent not even discussing them or her book as @superwuster.bsky.social @carolecadwalla.bsky.social noted after panel. I'll let you read the publicly available complaint storage.courtlistener.com/recap/gov.us...

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whoa. this may also be a reason Meta reportedly wants to keep CEO Zuckerberg from having to testify to Senate. Former executive Wynn-Williams, long muzzled by Meta, has filed a lawsuit in NdCal, inclusive of her explosive allegations against Sheryl Sandberg and Joel Kaplan.

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