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The Trump administration recently asked American developers, including OpenAI, for input on what the U.S. needs to do to stay ahead in the global AI competition. We believe that preserving AI’s ability to learn should be at the top of the list.
In the early years of the internet, landmark legal rulings affirmed that U.S. copyright law protected the right to freely browse the web, link to other sites, and host content, setting the stage for American leadership in search, social media, and the cloud. Courts relied on the fair use doctrine, giving innovators the freedom to learn from copyrighted material and advance America’s technological edge.
Today, artificial intelligence is poised to scale human ingenuity itself–the sum of our freedoms to learn and know, think, create, and produce. Humans have never created a technology that can do as much to advance education, science, and discovery–and we’re already seeing its benefits.
California State University is creating an AI-powered curriculum and putting ChatGPT in the hands of 500,000 students and educators to build an AI-ready workforce. The National Labs are using cutting-edge AI to unlock breakthroughs, with 1,500 scientists exploring how OpenAI’s tools can accelerate discoveries.
And we are still at the beginning–like a child who has been handed a junior chemistry lab kit and has a whole lifetime of learning, experimenting, and creating ahead of her.
The history of human progress has been one of us shaping our tools, and our tools shaping us, including our freedoms. Free speech has been repeatedly reimagined, from the town square and the printing press, to newspapers, mass media, and the internet.
First, the transformational use of copyrighted content to train AI to advance the Constitutional goal to “promote the progress of science and useful arts” is fully supported by fair use but challenged in the courts. The administration should strongly defend it.
Second, the administration should make more government data and government-funded data available to AI developers to fuel innovation.
Third, the administration should track whether the overall level of data available to American innovators is decreasing because of policies at home and abroad, with an eye on preserving our global competitiveness.
Getting the balance right will unleash investments on a scale never seen before, like OpenAI’s new Stargate Project, which will invest $500 billion in AI infrastructure across the country, creating jobs and driving spending and economic growth in local communities. American businesses large and small will have the certainty they need to integrate AI solutions–such as custom AI agents–to boost worker productivity, accelerate innovation, and compete globally.
The choice is clear: promote innovation by protecting fair use and the policies that fuel job creation and breakthroughs in education, science, and healthcare—or cede leadership and let others who don’t play by the same rules control the future of this revolutionary technology.
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