Conservative Voices Challenge Big Tech’s Copyright Defense in AI Training
Notable conservatives, including Steve Bannon, are urging the Trump administration to dismiss the rising argument that major tech firms are copying copyrighted content to train their artificial intelligence systems.
The “fair use” doctrine has become a common justification for companies such as Google, Meta (founded by Mark Zuckerberg), and Microsoft when facing accusations of copyright infringement. This doctrine suggests that unauthorized use of copyrighted material can be legally acceptable if it serves the public interest.
Among the strongest advocates of this viewpoint is David Sachs, the White House’s AI chief. He has warned that American tech companies could fall behind Chinese competitors unless they can leverage fair use protections.
Sachs tweeted on June 24, “Without fair use, the US will lose the AI race because China is going to use all the data to train regardless.”
Bannon and his associates dismissed these claims in a letter sent to Attorney General Pam Bondi and Michael Kratsios, the White House director of science and technology policy, on Monday.
In their letter, conservatives criticized the argument, labeling it “un-American and irrational.” They asserted, “We must compete and win the global AI race the American way, by ensuring we protect creators, children, conservatives, and communities.”
A report in August suggested that Microsoft and Meta hosted a dinner to align former Trump administration figures, who hold firm views on China, with their stance in the AI copyright debate.
The letter argues that the national security claims made by Big Tech are jeopardized by frivolous uses of AI technologies, including pirated cartoon content and questionable AI chatbots. They stated, “While there is no doubt that AI leadership is important to U.S. geopolitical goals, it hardly takes a degree in machine learning to question the national security imperatives of unauthorized SpongeBob movies or erotic chatbots.”
Conservatives highlighted that the copyright industries significantly contribute to the economy, noting they generate over $2 trillion for the U.S. GDP and maintain an average annual wage surpassing $140,000.
While some AI companies do engage in licensing agreements for content, like OpenAI’s arrangements with News Corp and Axel Springer, other conflicts have resulted in litigation, such as lawsuits from News Corp against Perplexity and the New York Times against OpenAI and Microsoft.
The letter emphasizes that profit isn’t the main goal of leading AI companies, which enjoy substantial funding and are valued in the hundreds of billions. It broached the idea that in a free market, businesses should pay for necessary resources: “Imagine if an AI CEO claimed that they needed free access to semiconductors, energy, researchers, and developers to build their products. They would be laughed out of the boardroom.”
The letter is part of a growing policy conflict as companies’ AI models continue to draw from web data. Critics argue that organizations like Google, Microsoft, OpenAI, and Meta are essentially seeking a “license to steal” from those who create original work.
On October 27, a group called the Congress for Progress requested the White House to intervene in ongoing lawsuits defending generative AI training as legitimate fair use. They also aimed to challenge excessive statutory damages and resist class certification for numerous plaintiffs.
Furthermore, the Chamber of Progressives suggested that President Trump issue an executive order to compel the Department of Justice and Commerce to support tech companies facing copyright infringement accusations, emphasizing the need for “maximum” AI development.
Bannon, a former chief strategist for Trump, has emerged as a prominent critic of Big Tech. He co-signed the letter along with Mike Davis, a close associate of Trump and a notable conservative lawyer. Other signatories include Nick Solheim, Will Chamberlain, Aiden Buzzetti, Daniel Soule, Jeff Mazzella, and Joel Thayer.
