A group of news outlets, including the Daily News and The New York Times, are involved in a legal battle with ChatGPT’s parent company, OpenAI. They have requested a Manhattan judge to reject OpenAI’s attempt to continue deleting data that could potentially show theft of journalists’ work.
Last month, Manhattan Federal Magistrate Judge Ona Wang ordered OpenAI to preserve its output logs and related information scheduled for deletion, following allegations that the tech company was permanently erasing significant amounts of data. This deletion was believed to obstruct efforts to prove that AI products could bypass paywalls to replicate copyrighted content.
OpenAI has sought to overturn this order, claiming that storing the data would be burdensome and a violation of user privacy. However, the news outlets argue that this contradicts OpenAI’s own policies regarding data retention when required by law. They point out that AI companies do not deny the relevance of the deleted data to the lawsuit.
The news outlets emphasize that OpenAI, as a highly valued technology company, has the means and capability to preserve the pertinent data. They accuse OpenAI of evading accountability through various tactics, including mass deletions and filters designed to impede access to copyrighted works.
The lawsuit alleges that OpenAI unlawfully used millions of news stories to train its AI models, resulting in the misrepresentation of journalists’ work when generated by ChatGPT. The newspapers claim that OpenAI’s actions have led to misinformation and piracy of their reporting without compensation.
OpenAI argues that its use of data falls under fair use rules, which allow for the use of copyrighted work for purposes such as criticism, commentary, and research. However, the newspapers contest this argument, stating that the fair use test requires transforming the work into something new that does not compete with the original in the same market.
The judge has dismissed OpenAI’s claim that there is no evidence of ChatGPT being used to access news without payment. The newspapers point to statements from tech company engineers acknowledging user queries related to news content.
The lawsuit was initially filed by The New York Times in December 2023, with other newspapers joining in April 2024. The legal battle involves a group of outlets, including JS, The Orange County Register, and Tribune Publishing’s Chicago Tribune and Orlando Sentinel.
OpenAI’s lawyers have not responded to requests for comment from The News.
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