At a hearing yesterday, Judge Sidney Stein ruled against OpenAI in its attempt to overturn Magistrate Judge Ona Wang’s order that OpenAI preserve all ChatGPT user logs due to the New York Times’ motion that suggested some users might be engaging and concealing copyright infringement and generating infringing news articles with ChatGPT. (Maybe this is a possibility but it does sound like a bit of stretch, in my opinion, unless they are talking simply about accidental regurgitations.)
OpenAI argued that the privacy interest of users who elected to have OpenAI delete their logs should be respected. But Judge Stein pointed to language in OpenAI’s terms of use that allowed preservation for legal requirements.
This adds to some of the recent discovery losses for OpenAI. Below is Magistrate Judge’s stern rejection of OpenAI’s request to “cross use” the plaintiffs’ documents.
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