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New York Times lawyers claim OpenAI accidentally deleted evidence in copyright case

Nov 21, 2024 - theregister.com
The New York Times has alerted the court in its copyright infringement case against OpenAI and Microsoft that OpenAI accidentally deleted data that could have been evidence. The Times alleges that OpenAI and Microsoft used articles from the newspaper to train ChatGPT and other models without permission. The data deletion resulted in the loss of the folder structure and file names of the Times' work product, making the recovered data unreliable for determining where the Times' copied articles were used in the defendants' models.

The Times' lawyers have requested the court to order OpenAI to identify and admit which of the Times' works it used, as OpenAI has not been receptive to conducting searches on the Times' behalf. OpenAI has disagreed with the characterizations made and plans to file a response soon.

Key takeaways:

  • The New York Times has filed a letter in its copyright infringement case against OpenAI and Microsoft, claiming that OpenAI accidentally deleted data that may have been evidence.
  • The Times alleges that OpenAI and Microsoft used articles from the newspaper to train ChatGPT and other models without permission.
  • While OpenAI was able to recover much of the deleted data, the original folder structure and file names have been lost, making the data unreliable for determining where the Times' articles were used in building the defendants' models.
  • The Times' lawyers are requesting that the court order OpenAI to identify and admit which of the Times' works it used, and save the Times the burden of searching through the digital stacks itself.
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