# Wikimedia Foundation Intervenes in New York Times vs. OpenAI Copyright Lawsuit Wikimedia advocates for a nuanced fair use framework to protect open web knowledge. - **Source:** [Engadget](https://www.engadget.com) - **Published:** 2026-10-30 - **Topic:** [Business](https://brifing.si/c/business) - **Original article:** - **On Brifing:** https://brifing.si/s/de1b0c46-535a-4e30-8c54-0d0e3c5ee828 ## Legal Intervention Strategy The Wikimedia Foundation has officially filed an amicus brief regarding the high-stakes copyright lawsuit between The New York Times and OpenAI. By participating in this legal battle, the organization aims to influence the court's interpretation of fair use, specifically concerning how AI companies utilize vast amounts of copyrighted content for model training purposes. ## The Fair Use Dilemma The New York Times argues against unrestricted use of its published content, while OpenAI and Microsoft claim training AI is essential for technological progress under fair use. Wikimedia warns that an extreme ruling in either direction could severely damage the open web, either by stifling innovation or by creating a closed, restricted information ecosystem. ## Proposed Third Way Wikimedia proposes a nuanced approach to fair use that distinguishes between different AI operational needs. They advocate for a middle ground that balances the necessity of technological advancement with the protection of original source materials, ensuring that knowledge remains accessible and that the collaborative spirit of the open web is not permanently compromised. ## Retrieval-Augmented Generation Stance The foundation supports Retrieval-Augmented Generation (RAG) as a viable technique for optimizing large language model outputs by referencing external knowledge bases. However, they explicitly condition this support on proper attribution, opposing any RAG implementation that allows models to regurgitate pre-existing articles without providing credit to the original creators or the source platforms. ## Model Training Criteria Regarding model training, Wikimedia argues that scraping copyrighted data should only be considered fair use when the resulting LLMs create something fundamentally new and different from the original sources. This distinction is critical for the foundation, as Wikipedia itself serves as one of the most significant, high-quality datasets for training modern AI models. ## Sustainability of Free Knowledge General Counsel Stephen LaPorte emphasized that a failure to apply fair use principles carefully could threaten the sustainability of free knowledge. He noted that Wikipedia relies on a collaborative process requiring a strong foundation of open, accessible human knowledge to thrive, which could be stifled by overly restrictive legal precedents in this case. ## Broader Legal Context This lawsuit is currently one of over a dozen similar cases moving through the court system, making it a potential bellwether for future AI regulation. The outcome of this specific litigation is expected to set a significant precedent for how tech companies interact with copyrighted intellectual property in the era of generative AI. ## Anticipating Summary Judgment A summary judgment in the New York Times versus OpenAI case is expected in the near future. The industry is closely watching this development, as the court's decision will likely define the boundaries of fair use for years to come, impacting both the development of open-source technologies and the future of information access. ## Sources covering this story - https://www.engadget.com/2302374/the-wikimedia-foundation-weighs-in-on-the-nyts-case-against-openai/ — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._