Sources: the USPTO and US Copyright Office were surprised by the DOJ's brief supporting OpenAI and Microsoft in their dispute with the New York Times
THE SO WHAT
Regulators are not yet aligned on how to treat training data and copyright — the DOJ backing OpenAI and Microsoft while USPTO and Copyright Office are surprised is a coordination gap, not a settled doctrine. If your product depends on large-scale data ingestion, assume the legal environment will stay fluid and design for fast policy pivots rather than a single stable precedent.
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