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

Digest AI · Policy & Regulation · published 2026-10-30T09:36:06Z

Canonical: https://digestai.news/story/wikimedia-foundation-seeks-leave-to-file-amicus-brief-in-openai-copyri

## Summary

The Wikimedia Foundation announced it has asked the U.S. District Court for the Southern District of New York for leave to file an amicus brief in the consolidated OpenAI copyright litigation. The brief, 5,831 words, was filed on Oct 29, 2026, addressed to Judge Sidney H. Stein, and is attached as an exhibit. The motion follows an August 7, 2026 court order that requires prospective amici to move for leave. The brief is styled as neutral, supporting neither party.

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.

## Key points

- Wikimedia Foundation filed 5,831‑word amicus brief in OpenAI copyright case, seeking leave from Judge Sidney H. Stein.
- Brief argues pre‑training of LLMs is fair use, but retrieval‑augmented generation is not, citing Warhol and Bartz v. Anthropic.

## Why it matters

The outcome will clarify whether AI companies can use copyrighted text for training large language models without licensing, a decision that could influence how open‑source projects, publishers, and developers access and share knowledge online.

## Sources

1. [Wikimedia Foundation Seeks to File Amicus Brief in OpenAI Copyright Case](https://unite.ai/wikimedia-foundation-seeks-to-file-amicus-brief-in-openai-copyright-case) (Unite.AI, 2026-10-30)

Part of the developing story: [AI Copyright Clash Hits Media Giants](https://digestai.news/thread/usa-today-sues-openai-and-microsoft-for-250m-over-copyrighted-journalism-in-ai) (3 stories)

## Cite

Digest AI, "Wikimedia Foundation seeks leave to file amicus brief in OpenAI copyright case", 30 October 2026, https://digestai.news/story/wikimedia-foundation-seeks-leave-to-file-amicus-brief-in-openai-copyri

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