OpenAI pushes back on data order in ongoing NYT copyright case

OpenAI is appealing an order in a copyright case brought by the New York Times that requires it to preserve ChatGPT output data indefinitely, arguing that the order conflicts with privacy commitments it has made with users.

Last month, a court said OpenAI had to preserve and segregate all output log data after the Times asked for the data to be preserved.

"We will fight any demand that compromises our users' privacy; this is a core principle," OpenAI CEO Sam Altman said in a post on X on Thursday.

"We think this (The Times demand) was an inappropriate request that sets a bad precedent."

US District Judge Sidney Stein was asked to vacate the May data preservation order on June 3, a court filing showed.

The New York Times did not immediately respond to a request for comment outside regular business hours.

The newspaper sued OpenAI and Microsoft in 2023, accusing them of using millions of its articles without permission to train the large language model behind its popular chatbot.

Stein said in an April court opinion that the Times had made a case that OpenAI and Microsoft were responsible for inducing users to infringe its copyrights.

The opinion explained an earlier order that rejected parts of an OpenAI and Microsoft motion to dismiss, saying that the Times' "numerous" and "widely publicized" examples of ChatGPT producing material from its articles justified allowing the claims to continue.

Reuters has also reported that The New York Times has signed its first generative AI licensing agreement with Amazon, allowing the tech giant to use its editorial content in products such as Alexa. The deal includes the use of NYT news articles, NYT Cooking, and The Athletic content for real-time summaries, excerpts, and AI training purposes.

The partnership signals a shift in strategy as publishers and AI firms explore monetization paths for quality content amid ongoing legal disputes. While The Times continues to litigate against OpenAI and Microsoft for alleged unauthorized data use, it is also leveraging its content through licensed deals—joining other publishers like the Financial Times, Time, and Axel Springer in seeking formal AI partnerships.