You can access the court document from here.
A group of news publishers led by The New York Times has asked a US federal court to sanction OpenAI, accusing the company of misleading the court about its ability to search for copyrighted news content used to train its AI models and of deleting or making billions of ChatGPT conversation logs unsearchable during the ongoing copyright dispute.
In a sanctions motion filed in the US District Court for the Southern District of New York on July 9, the publishers alleged that OpenAI falsely told the court it could not search its training datasets or ChatGPT output logs for the publishers’ copyrighted content, even though OpenAI had allegedly searched those systems for the publishers’ content before the publishers sued the company.
Publishers allege OpenAI hid search capabilities: “For over two years, OpenAI lied to The Times, The Daily News Plaintiffs, the public, and the court,” The New York Times’ lead attorney Ian Crosby said in a statement. “It claimed searching ChatGPT outputs for copies of The Times’ and the Daily News Plaintiffs’ content was infeasible, burdensome, and invasive of users’ privacy, while at the same time concealing that it had already done such searches.”
The publishers also accused OpenAI of failing to preserve evidence by allegedly deleting or compressing billions of ChatGPT conversations, making them unavailable for discovery. According to the court filing, OpenAI continued deleting logs even after the court ordered it to preserve and segregate relevant ChatGPT output data.
What the publishers are asking the court to do: The filing further alleges that OpenAI misrepresented its technical capabilities throughout the discovery process. It says the company repeatedly told the court it lacked tools to search its training datasets and output logs. Still, a later deposition by an OpenAI corporate witness revealed that the company had already built tools to search training data, create searchable datasets of de-identified ChatGPT conversations, and search news publishers’ content.
The publishers have asked the court to impose sanctions under US civil procedure rules. Among the remedies sought are a ban on OpenAI relying on a 20-million-conversation ChatGPT sample during the case, a court finding that ChatGPT logs contain or would have shown “substantial and systematic” reproduction of the publishers’ copyrighted works, attorneys’ fees and litigation costs, and jury instructions reflecting OpenAI’s alleged destruction of evidence.
The motion states: “This is a case about copying. There is no question that it happened. Nor should there be one about what was copied, how often, or to what end.”
It further alleges that OpenAI “chose obstruction” by refusing to produce relevant evidence and concealing its ability to search its own systems, resulting in years of unnecessary discovery disputes.
The publishers also…
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