Amicus filings over fair use pile up in OpenAI copyright case (1:25-md-03143)
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Motions for leave to file third-party amicus briefs arguing fair use arrived all at once in the consolidated OpenAI copyright litigation (1:25-md-03143) — on Oct 30 alone, separate motions were docketed from Midjourney and Runway, from Chamber of Progress and the Abundance Institute, from 10 AI startups supporting the plaintiffs (Splice, Boomy, ProrataAI, Created by Humans and others), and from former members of the U.S. Senate and House of Representatives. Judge Sidney H. Stein the same day denied one motion that had not followed the procedure for filing an amicus brief, saying it could be filed again. Docket entries reached number 2,463 by Oct 31, and no ruling on fair use has been issued yet.
Why it matters
The docket itself shows the signal that a fair use ruling in this case is near. What stands out is that the line is not drawn between AI and creators — Midjourney and Runway, on the image and video generation side, are on one side, while AI startups whose business model distributes fees to creators have lined up with the plaintiffs. Taken together with OpenAI separately releasing a collection of briefs supporting fair use in the same week, the campaign for public opinion outside the courtroom and the briefs inside it are running on the same dates. No ruling has come yet, so this cannot be used as grounds for predicting the outcome.
Source — Primary sources first; secondary reports are labelled “Press”
Officialcourtlistener.comhttps://www.courtlistener.com/docket/69879510/in-re-openai-inc-copyright-infringement-litigation/Added in Week 45, 2026 · See that week
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