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The Trump administration recently asked American developers, including Openai, for opinions on what the US needs to do to stay ahead of the global AI competition. I believe that preserving AI’s learning ability should be at the top of the list.
In the early days of the Internet, groundbreaking legal rulings confirmed that US copyright laws protected the right to freely browse the web, link to other sites, view hosted content, set the stage for search, social media and American leadership in the cloud. The court relied on the doctrine of fair use, giving innovators the freedom to learn from copyrighted materials, advancing the advantages of American technology.
Today, artificial intelligence is poised to expand human ingenuity. Our sum of freedom learns, knows, thinks, creates, and produces. Humans have never created technology that can do what they can to advance education, science, or discovery. We’ve already seen the benefits.
Texas Private Schools use new “AI Tutor” Rockets student test scores to top 2% in the country
California State University is creating an AI-powered curriculum, setting up ChatGpt in the hands of half a million students and educators to build an AI Ready workforce. Laboratories across the country are using cutting-edge AI to unlock breakthroughs, with 1,500 scientists investigating how Openai’s tools accelerate their discoveries.
And we are still first. He is handed a junior chemistry lab kit and seems to be a child who has a lifetime of learning, experimenting and creating before her.
The history of human progress is one of us that shapes our tools, and the tool that shapes us, including our freedom. Free speech has been repeatedly rethinked from town squares and printing presses to newspapers, mass media and the internet.
Recognizing the possibilities of AI means maintaining two core freedoms. Intellectual freedom is giving people the right to benefit from AI without excessively restrictive laws. Freedom of learning guarantees your ability to access public facts and information on any topic. Together, they form the foundation for the future of democratic AI. It is something the US can only shape if it ensures that American AI developers retain the ability to access the data used to train models such as ChatGPT.
This week, it became even more clear this week with Chinese startup Deepseek releasing major upgrades to existing AI models. Deepseek’s rapid improvements are no coincidence. Unlike its American counterparts, Chinese AI developers face no limitations on the data they can use to train their systems.
As the Trump administration seeks public input for future AI action plans, there is only one clear path to maintaining intelligence and freedom of learning. This is “AI trading” rooted in fair use, realism and shared growth.
Fair use
To maintain America’s AI lead and maximize the benefits of education, science and healthcare, policymakers need to ensure that copyright laws fulfill their constitutional duties to encourage creativity and innovation.
That is, it stores publicly available content used to maintain access to basic science and train AI tools to rise in the AI industry. This includes other tools from ChatGpt and Openai, used by over 400 million people and 3 million developers to create employment and economic opportunities, as well as products and infrastructure from stubborn people like Microsoft, Apple, Amazon, Google, Nvidia, Oracle and more. It also includes thousands of “small tech” startups that will drive growth tomorrow.
Some of this content may be copyrighted and the court has determined that if the application is transformative, it will be used fairly to utilize such material. That is, we use existing works to create new ones without eroding the commercial value of such works. And this is especially true for the fundamental concepts of science and mathematics that belong to all humanity and that no one can own.
AI models are highly transformed. They can use large-scale computing power to learn deep mathematical patterns, analysis, and insights from trillions of data points, create new content, and “think” with internal monologues like people. They are designed to generate deep new insights and understandings and have safeguards to avoid replicating the materials they have learned.
American developers must be able to rely on fair uses to continue these breakthroughs, and be able to advance such safeguards and protect against misuse of voice and likeness.
realism
Laws are bound by the state, and technology remains bounded. The Internet is global and content is available everywhere, but not everyone plays it with the same rules. The rise of Deepseek shows its broad truth.
The company is based in the People’s Republic of China (PRC). It is based in the Republic of China (PRC), which has a national goal of leading the world in US intellectual property and AI by 2030. PRC’s Deepseek and other AI developers have unlimited access to a vast amount of content, including copyrighted materials. The output of Deepseek already recreates the lyrics of the song and some of the book.
Limiting important training data for American developers would result in a competitive disadvantage for Openai and its peers without protecting the right integrators. It also negatively affects the broader US AI ecosystem, from Fortune 500 companies relying on American AI models to startups that use technology to create businesses and jobs.
Meanwhile, the European Union has written rules restricting access to training data, and the UK is considering a similar move. This slows down innovation, creates uncertainty for AI developers, and blocks talent and capital.
To ensure our collective technology advantage, we need a harmonious AI ecosystem in multiple democratic countries. Without it, democratic AI could be at risk as global AI competition intensifies. America must lead wisely and use that lead.
Shared Growth
When Americans thrive, America thrives. Too often, it is the former where the latter is not enough, and everyone is making it worse. The Trump administration can set up a national AI strategy that balances its national AI strategy by doing at least three things.
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First, the transformative use of copyrighted content to train AI to advance constitutional goals to “promote science and useful arts advancement” is fully supported by fair use, but challenged in courts. The government should strongly defend it.
Second, the administration needs to make more government data and government-funded data available to AI developers to promote innovation.
Third, the administration must look to maintain global competitiveness and track whether the overall level of data available to American innovators is declining due to domestic and international policies.
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Getting the balance right will unlock investments on scales you’ve never seen before, like Openai’s newest Stargate Projectinvesting $500 billion in AI infrastructure nationwide, creating jobs, and driving community spending and economic growth. Large and small American companies have the certainty they need to integrate AI solutions. Custom AI Agent– Increase worker productivity, accelerate innovation, and compete globally.
The choice is clear. It promotes innovation by protecting fair use and policies that promote job creation and breakthroughs in education, science and healthcare.
