President Donald Trump's Justice Department has taken a position in a private lawsuit involving OpenAI, arguing that the artificial intelligence company's training of large language models on copyrighted text constitutes "fair use." This stance has drawn criticism from those who believe it could allow major technology firms to use creative works without permission or payment.
Michael R. Davis, founder and president of the Article III Project, argued in a Fox News opinion piece that the Justice Department should withdraw its "statement of interest" in the case. He contends that this policy could permit "Big Tech oligarchs to scrape, copy and commercialize every creative work in America without permission or payment."
Davis characterized the argument that unrestricted data access is necessary for national security and to avoid losing the artificial intelligence race to China as "un-American and absurd." He stated, "We must steal like China to compete against China' is not a principle; it is a surrender of the rule of law."
The author asserted that such a policy would be particularly detrimental to independent creators and conservative media outlets that have historically bypassed traditional gatekeepers. He suggested that this shift represents a new method of control for "Big Tech giants" and "the left" after what he described as a loss in the fight against censorship.
According to Davis, any viable AI policy must protect children, communities, conservatives, and creators. He proposed that the United States should win the global AI competition through market principles that respect property rights, rather than through "government-sanctioned expropriation."
Licensing copyrighted material, Davis argued, would not pose a significant financial burden on AI companies that are already investing heavily in the sector. He drew a parallel to the music industry, where platforms like Spotify pay artists for the use of their music, suggesting AI companies can and should adopt a similar model.
Davis also questioned the assertion that these technology conglomerates are reliable defenders of American interests, pointing to Google's withdrawal of support for the U.S. military's Project Maven while allegedly advancing China's Project Dragonfly. He concluded that the Trump Justice Department should reverse its "rare misstep" in this matter.
He praised the Trump Justice Department, citing leaders such as Attorney General Todd Blanche and FBI Director Kash Patel, for efforts to "restore the rule of law." Davis also noted that antitrust nominee Adam Candeub, if confirmed, would further confront monopolistic practices by Big Tech.
The article emphasized that the United States must win the AI race "the American way" by protecting creators and upholding property rights. This perspective challenges the administration's recent filing and calls for a policy that aligns with conservative principles of protecting individual creators and intellectual property.