OpenAI and Meta came out swinging in defense of several suits claiming their AI products infringe copyright and other rights. While these defendants are leaving to another day the legality of using copyright books for training their AI systems, they have clearly telegraphed the thrust of their defenses.

In OpenAI’s motion to dismiss the Tremblay class action, usurpingly, it highlights the fair use defense.

At the heart of Plaintiffs’ Complaints are copyright claims. Those claims, however, misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.