The CourtListener docket records a 28 October 2026 amicus brief by journalist Ron Suskind and law professor Brian L. Frye in the consolidated OpenAI copyright litigation before the US District Court for the Southern District of New York. Filed as Document 1744 in case 25-md-3143, the brief is submitted in support of neither party and argues that generative AI does not necessarily harm the market for news.
Suskind, a Pulitzer Prize-winning journalist and chief executive of Sourcebase, discloses in the brief that OpenAI recently took a minority investment amounting to three percent ownership of his company. The brief says OpenAI is a passive investor that neither saw nor influenced it. Frye, a professor of law at Tulane University School of Law, says he has no connection to the parties and received no compensation for writing the brief.
The news plaintiffs argue that training on their articles is not fair use because it creates substitutes and avoids licensing, according to the filing. AI Affairs previously reported that OpenAI and Microsoft disputed the plaintiffs’ facts. Suskind and Frye argue that AI could lower publishers’ production costs and increase the value of their brands. They propose that the court require models to attribute outputs to the newspaper articles used in training.
