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OpenAI Appeals Court Order on Data Preservation in NYT Copyright Lawsuit

OpenAI has appealed a recent court order requiring it to indefinitely preserve ChatGPT output data in an ongoing copyright lawsuit filed by The New York Times (NYT). The company argues that the order conflicts with its obligations to protect user privacy.

Last month, the court mandated that OpenAI must preserve and segregate all output log data, after the NYT requested this as part of the discovery process. In response, OpenAI filed a motion on June 3 to vacate the data preservation order, according to a court filing.

OpenAI CEO Sam Altman publicly criticized the order on X, stating, “We will fight any demand that compromises our users’ privacy; this is a core principle.” He added that the NYT’s request was “inappropriate” and “sets a bad precedent.”

The lawsuit, originally filed in 2023, accuses OpenAI and its partner Microsoft of using millions of NYT articles without permission to train their language models, including the one powering ChatGPT. The Times alleges that this constitutes copyright infringement.

U.S. District Judge Sidney Stein previously ruled that the Times had made a plausible case that OpenAI and Microsoft may have induced users to infringe on its copyrights. In an earlier opinion, the judge allowed the case to proceed, citing numerous and widely publicized instances where ChatGPT reproduced substantial portions of Times content.

While the NYT declined to comment on OpenAI’s appeal, the case remains one of the highest-profile legal challenges facing generative AI companies over training data use and copyright infringement claims.