Anticompetitive Acquiescence in AI Content Licensing

Abstract

Large AI firms like OpenAI and Amazon are licensing content to train their models that they might otherwise have been able to access for free under the fair use doctrine. Mark A. Lemley and Jacob Noti-Victor write that this behavior may constitute anticompetitive acquiescence—where large firms agree to license content they don’t have to in order to raise rivals’ costs.

Document Type

Op-ed

Publication Date

11-18-2025

Source Publication

ProMarket

Disciplines

Antitrust and Trade Regulation | Law | Science and Technology Law

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