OpenAI shares court briefs supporting fair use in AI training

Recent court developments show why the issue remains contested. On June 23, 2025, in Bartz v. Anthropic, a court found model training to be fair use on the record before it, but separately rejected fair-use protection for pirated books retained in a central library, according to a Sullivan & Cromwell analysis of the ruling. Two days later, on June 25, 2025, Kadrey v. Meta produced another district-court decision finding AI training to be fair use on the evidence presented, with a Jones Day analysis noting that the plaintiffs had not established market harm. Those rulings are not a nationwide rule and do not determine every future case.

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