OpenAI Appeals ChatGPT Data Preservation Order In New York Times Copyright Case

OpenAI argues that the mandate violates its privacy commitments to users.

OpenAI (OPENAI) is challenging a court order that requires it to indefinitely preserve user output data from ChatGPT, arguing the mandate violates its privacy commitments. The order stems from an ongoing copyright lawsuit brought by The New York Times.

In a June 3 filing cited by Reuters, OpenAI requested that U.S. District Judge Sidney Stein vacate the May order, which had required the company to retain and segregate all relevant user output logs. The Times had requested that the data be preserved as part of its case.

“We will fight any demand that compromises our users' privacy; this is a core principle,” OpenAI CEO Sam Altman wrote in a post on X. He called the Times' request “inappropriate” and warned it could set a troubling precedent.

The lawsuit, filed in late 2023, accuses OpenAI and Microsoft (MSFT) of using millions of Times articles without authorization to train generative AI models. 

Judge Stein previously ruled that the Times had plausibly alleged that OpenAI and Microsoft induced users to infringe its copyright. The court cited multiple examples where ChatGPT produced text similar to Times content, allowing key parts of the lawsuit to proceed.

OpenAI maintains that its use of publicly available material falls under the U.S. copyright doctrine of “fair use.” The company also argues that its models are not designed to retrieve or reproduce entire articles.

In its defense, OpenAI has highlighted licensing partnerships with publishers such as the Associated Press and said it remains committed to both innovation and user privacy.

The case is being closely watched for its intersection with copyright law, artificial intelligence, and digital publishing.

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