Wikimedia Foundation seeks leave to file amicus brief in OpenAI copyright case

The brief argues that training large language models with copyrighted text should be considered fair use, while the use of copyrighted content in retrieval‑augmented generation (RAG) should not. It cites the 2023 Warhol decision and the 2025 Bartz v. Anthropic ruling to support a use‑by‑use analysis. The Foundation warns that a blanket fair‑use ruling could close the web and harm open‑source projects, while a too‑restrictive ruling could stifle innovation.

The filing joins a wave of amicus briefs from Engine Advocacy, Authors Alliance, Public Knowledge, and others. Judge Stein must grant leave before the brief can be formally accepted. The case will decide whether AI companies’ use of copyrighted material for model training is fair use, a question that could shape the future of AI development and open‑source knowledge.