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Google Joins OpenAI in Pushing the Federal Government to Codify AI Training as Fair Use

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In a bold bid to shape how artificial intelligence systems are trained and governed, Google has published a policy proposal that aligns with a broaderOpenAI-backed push to codify AI training under fair-use and balanced copyright rules. The document argues for government funding and policy reforms designed to accelerate AI development while safeguarding innovation. It contends that publicly available data—even when copyrighted—should be accessible for training AI models under predictable, streamlined terms, and it positions this stance within a wider debate about how licensure, liability, and access to data should be structured in the United States. The proposal also emphasizes the need for an expansive federal role in modernizing energy infrastructure to support the growing power demands of data centers, calls for more robust public-private partnerships, and advocates for a government-led, interoperable, multi-vendor approach to AI adoption. Taken together, Google’s policy outline signals a preference for faster, clearer, and less adversarial regulation that would enable scalable AI development while seeking to minimize disruption from legal challenges and complex, fragmented state rules. The broader context includes ongoing scrutiny over whether AI training relies on data without consent, the rising number of lawsuits targeting training practices, and the possibility that civil actions could set important precedent about rights holders’ remedies and the responsibilities of developers. As policy makers weigh these issues, Google’s stance illustrates a tilt toward balancing copyright protections with practical access to data, a pragmatic belief in federal leadership, and a notable emphasis on energy resilience and industrial-scale computing as essentials for future AI progress.

Google’s policy stance on AI training, fair use, and copyright

Google’s policy proposal represents a coordinated effort to reframe how copyright law intersects with AI training. Central to the document is a call for codified, predictable rules that treat AI training as a form of fair use or, at minimum, a system of balanced copyright rules that reduces the friction for researchers and developers. The aim is to create a more stable legal environment in which AI firms can access the data they need without facing unpredictable, case-by-case negotiations that can stall innovation. The policy argues that current enforcement dynamics have created a chilling effect, where the fear of costly litigation or ambiguous liability slows the iteration of AI models. In this context, Google positions itself as a voice for clarity and speed, seeking a regulatory baseline that protects creators while not throttling the growth and practical deployment of AI technologies.

A core element of Google’s approach is the assertion that access to public data—whether it is free to use or wrapped in copyright protections—is essential for the ongoing improvement of generative AI systems. The company contends that the data pool available to researchers is not just a convenience but a fundamental input to achieving meaningful advances in model quality, robustness, and inference capabilities. To that end, Google argues that AI developers should be able to leverage publicly available data without being forced into unpredictable, protracted, or imbalanced licensing negotiations that can become a bottleneck to progress. The document goes further to say that, in many cases, the use of copyrighted material in AI training will not materially harm rightsholders because the training process tends to abstract away from the raw data and does not reproduce works in their original form. While this claim may be contested in court, Google’s stance reflects a strategic preference for a predictable, scalable path to data access that aligns with the practical needs of modern AI development.

Google’s policy also situates itself in the ongoing conflict surrounding lawsuits aimed at AI developers for their data sourcing practices. The company notes that it, along with others in the industry, faces a cadre of litigations that challenge the permissibility of training models on copyrighted materials without explicit permission. In particular, it references the high-profile case brought by The New York Times against OpenAI as a potential precedent that could redefine liability for AI developers when training data is used without consent. By arguing for a framework of “balanced” copyright rules, Google seeks to prevent a scenario in which courts impose sweeping liability on developers or compel exhaustive licensing of every data source used in training. The policy thus presents a risk management lens: by clarifying rights and obligations at the federal level, the industry hopes to avoid costly and uncertain litigation that could disrupt AI advancement.

A noteworthy theme in Google’s document is the emphasis on responsibility distribution among stakeholders in the AI ecosystem. The policy acknowledges that generative AI systems are non-deterministic and can produce outputs that are difficult to predict. This reality underpins Google’s call for clearly delineated responsibilities for developers, deployers, and end users. Yet, the policy stops short of endorsing a broad liability framework that would place primary responsibility on the model creators themselves. Instead, it argues for a regime in which the primary accountability is allocated in a way that reflects actual control and visibility. The company argues that developers often lack direct oversight of how their models are deployed or used by end users, and therefore, it is more practical to assign risk management duties to deployers or other actors who interact with the model in real-world settings. This stance is consistent with a broader industry preference for liability structures that incentivize safe deployment and responsible usage without stifling innovation through uncertain or sweeping creator liability.

Google’s policy also calls for governmental leadership in shaping an AI policy environment that is both protective and enabling. It argues that a national framework should promote interoperability across AI systems and platforms, encouraging a multi-vendor ecosystem rather than a single-vendor dominant approach. The concept of “lead by example” appears repeatedly, with the proposal advocating for government usage of AI tools that demonstrate interoperability, transparency, and responsible data handling while avoiding heavy-handed regulation that could impede cross-border deployment and innovation. The policy asserts that the federal government should release data sets suitable for commercial AI training, support early-stage AI research and development through public funding, and foster a richer landscape of public-private partnerships. It emphasizes that such actions should be complemented by sustained cooperation with federally funded research institutions and initiatives like competitions and prizes to drive breakthrough innovation. These components are presented as essential to maintaining U.S. leadership in AI while ensuring that public investment yields broad societal benefits.

In sum, Google’s policy framework positions balanced copyright rules, stable data access, and proactive government involvement as the three pillars of a scalable AI regime. The ultimate aim is to create an environment in which AI innovation proceeds rapidly, while rights holders retain meaningful protections and the public benefits from robust, transparent, and beneficial AI systems. The policy also reflects an awareness of the broader regulatory landscape, acknowledging that AI governance must adapt to evolving legal standards, international competition, and changing public expectations about safety, privacy, and the responsible use of technology. By combining copyright clarity with energy resilience and strategic public investments, Google presents a comprehensive plan designed to reduce friction, accelerate progress, and maintain a competitive edge in the global AI race.

The data-access question: public data, copyright, and negotiations

A central thread running through Google’s proposal is the insistence that public data—whether openly accessible or copyrighted—should be available for AI training in a way that minimizes friction and lengthy negotiations. The policy argues that access to large, diverse data sources is critical for improving the performance, generalization, and reliability of generative AI systems. It suggests that complex, one-off licensing deals across thousands or millions of data points would create unnecessary delays and costs, hindering the pace of innovation. In doing so, Google is attempting to normalize a baseline level of data availability that would enable rapid experimentation, iteration, and deployment of AI models across sectors.

The document frames the use of publicly available data as not inherently damaging to rights holders when engagement is structured appropriately. It asserts that training algorithms typically do not reproduce copyrighted works in their original form; rather, they abstract patterns, representations, and statistical properties that enable the model to generate novel content. This perspective is often contested in copyright litigation, but it forms a core justification for seeking a policy environment in which large-scale data access can occur with predictable terms. By presenting training data usage as a value-add rather than a legal landmine, Google argues for a lightweight licensing regime or a statutory framework that reduces the risk of unpredictable liability while protecting authors and publishers from direct harm.

The policy also speaks to ongoing legal conflicts as evidence of the current system’s inefficiencies. The NYT’s lawsuit against OpenAI is highlighted as a potential precedent that could significantly broaden developers’ exposure to liability for data used in training. Google’s stance is that the risk of creating legal exposure for training data usage should be mitigated through clear rules, not a patchwork of state laws and ad hoc court rulings. In this context, the proposal calls for a federally defined approach to fair use, licensing, and liability that would reduce uncertainty and level the playing field for AI developers and data owners alike. The emphasis is on predictable, scalable access rather than reactive litigation that could chill innovation or privilege large data holders over smaller researchers and startups.

Public data access, under Google’s framework, is also tied to broader policy goals such as energy, infrastructure, and research funding. By removing excessive negotiation frictions, the policy argues, AI teams can devote more resources to model development, experimentation, and real-world testing. In turn, this can accelerate the deployment of beneficial AI technologies across sectors such as healthcare, education, finance, and transportation. The policy’s data-access orientation emphasizes the societal gains of AI, while maintaining guardrails that protect rights holders through clearly defined usage conditions, transparency measures, and oversight mechanisms designed to minimize misuse or harm. The balance sought here is not a license to ignore copyright but a structured pathway to harness publicly available data in a way that supports robust AI capabilities without undermining the incentives for data creators to continue producing valuable content.

Energy infrastructure and AI scale: powering training and inference

A second pillar of Google’s policy is a recognition that AI progress does not happen in a vacuum; it hinges on reliable, scalable energy and modernized infrastructure. The document frames data centers and the electricity they consume as a critical bottleneck in advancing AI research and real-world deployment. It projects a substantial rise in global data center power demand—an estimate around 40 gigawatts from 2024 to 2026—and argues that current U.S. energy infrastructure and permitting regimes are not adequately equipped to meet these needs. This is presented not as a mere technical concern but as a strategic constraint on the nation’s AI ambitions. The implication is that without deliberate federal intervention to modernize power grids, accelerate permitting processes, and expand clean, reliable energy capacity, the U.S. could fall behind in AI development and deployment on a global scale.

The demand side: what numbers imply for policy

Google’s projection of rising data-center power demand highlights the exponential growth of compute resources required for training large language models and advanced microarchitectures. Training modern AI models often involves massive, sustained compute cycles, which translate into substantial energy consumption. In this framing, energy reliability becomes a core ingredient for AI progress. The policy contends that the nation’s energy infrastructure must evolve to keep pace with the computational hunger of next-generation AI systems. This includes not only abundant electricity but also the grid stability, cooling capacity, and transmission resilience necessary to support energy-intensive workloads.

The policy argues that the energy challenge is not solely a technical issue for private companies; it is a public-interest concern that warrants government coordination and investment. It calls for modernization of the national energy infrastructure to ensure the consistent availability of power for data centers, as well as improved permitting frameworks that shorten the time between planning and construction. The underlying argument is that efficient, predictable energy policy will reduce operational risk for AI developers and enable faster deployment cycles while supporting sustainability goals. The energy angle thus reinforces the broader narrative: AI progress and energy policy must be harmonized to unlock competitive benefits while protecting national interests and public resources.

Policy recommendations for energy and infrastructure

To address these challenges, Google’s document recommends a set of concrete steps. First, it calls for federal leadership in modernizing energy infrastructure to accommodate the growing energy needs of AI systems. This includes upgrading transmission networks, expanding power generation capacity, and accelerating the integration of advanced energy storage and grid-management technologies. Second, the policy urges streamlined permitting and regulatory processes for data-center construction and expansion, reducing bureaucratic delays that can impede rapid scaling. Third, it advocates for public investments that align with national AI priorities, including incentives for energy-efficient designs, the adoption of cooler, more sustainable cooling solutions, and research into novel materials and architectures that reduce energy intensity per unit of compute. Fourth, it emphasizes the importance of reliable, predictable power pricing and long-term energy contracts that enable AI organizations to plan investments with confidence. Finally, the policy contends that the federal government should recognize data centers as critical infrastructure and implement policies that safeguard their resilience in the face of outages, cyber threats, or natural disasters.

The broader implications for public policy and private industry

The energy dimension of Google’s proposal has broad implications for public policy beyond data-center economics. It suggests a framework in which the government collaborates with industry to accelerate the deployment of AI-enabled services while ensuring grid reliability, national security, and environmental stewardship. The emphasis on public-private partnerships signals a strategy to leverage private sector innovation and capital with government-scale deployment and risk-sharing. It also implies potential privatization or public investment in infrastructure projects that could expedite the replacement or upgrade of aging electrical infrastructure, the deployment of high-capacity transmission lines, and the deployment of clean-energy solutions that support AI workloads. The policy’s energy narrative positions AI as a driver of economic vitality, technological leadership, and national competitiveness, while underscoring the necessity of a robust, modern energy framework to sustain long-term growth and innovation.

Interplay between energy policy and international competition

In a global context, the energy requirements of AI expansion intersect with geopolitical considerations around energy independence, supply chains, and the strategic balance of power. A more capable and resilient energy grid can support not only domestic AI initiatives but also the ability to share or export AI-enabled services with less risk of energy shortages or price volatility. This dynamic pushes policymakers to consider cross-border energy agreements, research collaborations in energy efficiency, and the harmonization of standards that facilitate international AI collaboration without compromising security or reliability. The policy therefore frames energy infrastructure not just as a domestic concern, but as a strategic asset that contributes to the country’s ability to compete on the global stage in AI-powered industries. The argument is that reliable power and efficient compute infrastructure are prerequisites for realizing the social and economic benefits of AI innovation and for scaling AI applications across sectors with confidence and sustainability.

A federal, interoperable framework: multi-vendor AI, datasets, and partnerships

Another cornerstone of Google’s policy is the push for a government-led framework that promotes interoperability across AI systems and fosters a multi-vendor ecosystem. The proposal contends that the federal government should adopt AI tools and platforms in a way that demonstrates interoperability among diverse systems, rather than locking in a single vendor or approach. This multi-vendor stance is presented as a pragmatic path to resilience, resilience being essential to avoid vendor lock-in, facilitate cross-compatibility, and enable policymakers to harness the benefits of diverse innovations.

Data sets for commercial AI training and early-stage funding

A central policy proposal is for the government to release publicly useful datasets that can support commercial AI training. The idea is that publicly accessible data can accelerate research, lower entry barriers for startups, and stimulate competitive differentiation among firms that can harness these resources to build better systems. Google also calls for increased public-private partnerships and closer cooperation with federally funded research institutions. The envisioned framework includes government-sponsored competitions, challenges, and prizes designed to stimulate breakthroughs in AI, with clear pathways from research to commercialization. This approach is positioned as a way to catalyze a robust domestic AI ecosystem that benefits students, researchers, entrepreneurs, and large-scale enterprises alike.

The role of public-private partnerships and research institutions

Google’s policy underscores the importance of public-private partnerships in advancing AI. It argues that collaborations with universities, national laboratories, and federally funded research programs can accelerate discovery and dissemination of AI innovations. The proposal envisions joint challenges and co-funded initiatives that encourage the translation of theoretical breakthroughs into practical applications. By leveraging the strengths of public research institutions and private industry, the policy envisions a pipeline of talent, knowledge, and technology transfer that can sustain long-term economic and strategic advantages for the United States. The emphasis on partnerships reflects a belief that government funding, coupled with industry agility, can yield accelerations in both fundamental research and applied AI development, while ensuring accountability, governance, and ethical considerations remain at the forefront.

Interoperability and transparency as governance principles

At the core of the multi-vendor framework is a call for interoperability standards and a culture of transparency. The policy advocates for interoperability to enable different AI systems to work together, share data and models, and operate with a consistent set of interfaces and benchmarks. It also argues for transparency about data sources, training practices, and potential risks, while acknowledging concerns about protecting trade secrets and proprietary information. The tension between openness and secrecy is acknowledged, with Google arguing that a balanced approach can preserve innovation incentives while providing enough visibility to regulators, researchers, and the public to ensure safety, accountability, and continuous improvement. The policy thus positions interoperability and transparency as governance tools that can reduce redundancy, enable safer deployment, and foster a mature ecosystem where different teams and organizations can collaborate without compromising competitive advantages.

The vision for a national AI policy that reflects U.S. values and approaches

Google’s framework emphasizes a United States–centric vision of AI policy that emphasizes light-touch regulation, market-driven innovation, and a pragmatic regulatory environment. It suggests that global standards should reflect U.S. values and policy approaches, enabling American companies to compete worldwide while maintaining robust safeguards. The policy argues that a one-size-fits-all international standard could be ill-suited to the United States’ technological and economic realities, and therefore advocates for a flexible, principle-based framework that can adapt to evolving technologies and use cases. This stance is presented as a way to support rapid experimentation, iterative improvement, and scalable deployment while ensuring that risk management, privacy protections, and user safety are not sacrificed in the name of speed.

Concerns about regulation and the risk of overreach

The policy also addresses potential regulatory overreach, warning against overly prescriptive rules that could stifle innovation and hamper practical deployment. It argues for policy measures that clarify liability and responsibility without burdening developers with the sort of liability traditionally associated with more deterministic technologies. By advocating for a balanced approach to regulation, Google seeks to prevent a patchwork of state laws that complicates compliance for AI developers operating across jurisdictions. It cites examples of state-level restrictions and the challenges they pose to a coherent national AI strategy. The policy also references concerns about trade secrets and the risk that rigorous data-disclosure requirements could reveal sensitive information that undermines competitive advantage or national security. In this sense, Google’s proposal reframes regulatory debates as a balancing act between openness, accountability, and the protection of proprietary knowledge.

Liability, responsibility, and the governance of non-deterministic AI

A recurring thread in Google’s policy concerns how responsibility and liability should be allocated in the context of non-deterministic AI systems. The document emphasizes that generative AI models do not produce predetermined outputs with perfect predictability. This complexity makes it difficult to assign blame or liability for every outcome. Consequently, the policy argues for a governance framework that clarifies who bears responsibility for different stages of the AI lifecycle—developers who build the models, deployers who implement them in real-world contexts, and end users who interact with the systems. The emphasis is not to absolve developers of accountability but to acknowledge that in many scenarios, the direct control over a model’s use and its downstream effects rests with other participants in the ecosystem. This allocation of responsibility aims to provide clearer incentives for responsible behavior and risk management without stifling experimentation or the deployment of beneficial AI services.

The practical realities of control and visibility

The policy concedes a practical reality: the original model developers often have limited visibility into how their creations are deployed, used, or repurposed by third parties. The deployment environment, the data inputs, and the downstream applications can diverge substantially from the conditions under which a model was trained. This misalignment underscores the need for clear, enforceable guidelines that assign responsibility to those who have the most control over use cases or who stand to benefit from effective governance. It also implies a role for regulatory bodies to set baseline expectations for risk assessment, monitoring, and redress mechanisms, ensuring that consumers and the broader public are protected without creating prohibitive barriers to innovation.

Balancing transparency with trade-secret protections

The policy acknowledges a tension between calls for increased transparency and the protection of trade secrets. In the age of AI, exposing training data sources or model internals can compromise competitive advantages for firms and raise sensitive security concerns. Google argues for a measured approach to disclosure that respects legitimate business interests while delivering enough information to enable oversight, accountability, and risk mitigation. This balance is framed as essential to sustaining a trust-based AI ecosystem in which companies are incentivized to innovate, share best practices, and participate in governance mechanisms without fearing that proprietary information will be exploited by adversaries or copied by competitors with ease.

International considerations and regulatory diplomacy

The policy also touches on the regulatory landscape beyond the United States. It notes that other jurisdictions, such as the European Union, are pursuing more stringent regulatory frameworks that would require greater transparency around training data and potential Risks. Google expresses concern that such obligations could compel the disclosure of trade secrets and sensitive information, potentially undermining competitive advantage and national security interests. To address this, the document calls for diplomatic measures that shape global standards in a way that supports U.S. values and approaches while enabling global AI deployment. This involves negotiating regulatory expectations that maintain interoperability, protect intellectual property, and promote responsible innovation without compromising strategic interests.

A framework for responsible AI that supports innovation

Overall, Google’s liability and governance framework seeks to foster a responsible AI ecosystem that does not constrain ingenuity. It argues for clear responsibility allocations, a balanced approach to transparency, and a national AI architecture that supports experimentation and rapid iteration. The policy contends that by clarifying obligations across developers, deployers, and users, stakeholders can manage risk more effectively and ensure that AI tools are deployed in ways that maximize public benefit while minimizing harm. It also stresses the importance of concerted efforts to align policy with the practical realities of AI development, including the non-deterministic nature of outputs, the complexity of deployment scenarios, and the need to maintain a robust, competitive, and innovative AI landscape.

International perspectives, diplomacy, and global deployment

Google’s policy includes an international dimension that addresses the feasibility of releasing AI products across different regions under a consistent, light-touch regulatory regime. The document argues that a global approach is necessary to prevent regulatory fragmentation that would hamper cross-border AI adoption and collaboration. It calls for diplomacy-led efforts to resist overly restrictive measures in other jurisdictions while promoting U.S.-led standards that incorporate interoperability, safety, and ethical considerations. The aim is to ensure that AI innovations can be introduced worldwide with governance mechanisms that protect users, competitors, and national interests. The policy contends that light-touch yet principled regulation—paired with robust enforcement where necessary—offers a sustainable path to global competitiveness, ensuring American tech leadership while reducing friction for international deployment.

The EU AI Act and trade-secret concerns

A significant portion of the policy’s international section focuses on the European Union’s proposed AI Act, which includes requirements for transparency about training data and the risks associated with AI products. Google expresses concerns that such disclosure requirements could inadvertently compel the sharing of trade secrets, making it easier for foreign adversaries to replicate competitive innovations. The policy argues that while transparency is important, it must be balanced against the need to safeguard proprietary techniques and sensitive information that underpin the economic and national security interests of the United States. The document thus advocates for a diplomatic approach that pushes back on measures that could erode competitive advantages while seeking to preserve the benefits of cross-border AI collaboration and commerce. This stance aligns with a broader industry preference for maintaining strategic flexibility in how data sources are used, while still supporting responsible disclosure and risk management.

The pathway forward: government leadership, collaboration, and innovation

In sum, Google’s policy proposal presents a multifaceted vision for advancing AI through a combination of clearer copyright rules, scalable data access, energy infrastructure investments, and a proactive federal leadership role. It argues that a stable, interoperable, multi-vendor AI framework—with public datasets, targeted funding for early-stage research, and strengthened public-private partnerships—can accelerate innovation while safeguarding rights and public interests. It calls for a federal AI framework that reduces the complexity of complying with a patchwork of state laws and a governance model that distributes responsibility in ways that reflect practical control and influence over AI outcomes. The policy also emphasizes the need for a modern, reliable energy system that can sustain expansive data-center operations, minimizing disruption to innovation cycles and ensuring the long-term viability of AI investments. While defending the benefits of light-touch regulation and balanced risk management, Google’s proposal insists that government leadership is essential to align national priorities, unlock capital, and create an environment where AI can flourish in ways that enhance productivity, competitiveness, and public welfare.

Summary of core policy pillars

  • Codified, balanced copyright rules to facilitate AI training while protecting rights holders.
  • Expanded access to public data for training, with predictable licensing frameworks to avoid protracted negotiations.
  • Recognition of the non-deterministic nature of AI and clear allocation of responsibilities among developers, deployers, and end users.
  • Federal investment in energy infrastructure and streamlined permitting to support data-center growth and AI compute needs.
  • An interoperable, multi-vendor AI framework with government use as a model for public and private sectors.
  • Public datasets for commercial AI training, plus enhanced public-private partnerships and federally funded research initiatives.
  • Moderation of regulatory approaches to balance innovation with safety, privacy, and accountability, while avoiding heavy-handed constraints that could impede progress.
  • Diplomatic engagement to shape international standards in a way that preserves U.S. leadership and protects sensitive information from unnecessary exposure.
  • A governance approach that emphasizes transparency, while recognizing legitimate trade-secret concerns and the need for practical risk management.

Conclusion

Google’s extensive policy proposal frames a comprehensive approach to AI development that blends copyright clarity, data access, energy resilience, and government leadership. By advocating for balanced copyright rules and codified fair-use pathways for AI training, the company seeks to reduce licensing frictions that impede model development while preserving rights holders’ interests. The emphasis on public data access, energy infrastructure upgrades, and a federally coordinated, interoperable AI ecosystem reflects a strategy to accelerate innovation without sacrificing governance, safety, or national competitiveness. The plan also addresses the legal and regulatory uncertainties that accompany rapid AI advancement, calling for a national framework that minimizes the patchwork of state laws and reflects shared values, practical control, and scalable collaboration across public and private sectors. Taken together, the proposal presents a vision of an AI future shaped by deliberate policy choices that promote rapid, responsible innovation, sustain economic leadership, and ensure that the benefits of AI accrue broadly across society.