
News publishers say OpenAI hid tools and datasets that could identify copyrighted journalism in ChatGPT outputs, escalating their lawsuit with a new motion for sanctions.
The New York Times and The Daily News are accusing OpenAI of hiding evidence in an ongoing copyright lawsuit, claiming the company falsely stated it lacked the ability to search its training data and chat logs. According to a court deposition, OpenAI had already conducted internal searches of its training corpus and maintained a database of millions of de-identified conversations to track copyright infringement, contradicting its earlier arguments that such searches would be technically burdensome and raise privacy concerns. The plaintiffs are asking the court to penalize OpenAI for allegedly withholding evidence, deleting outputs after the lawsuit was filed, and providing an unreliable sample of chat logs with excessive redactions. OpenAI has denied the allegations and stated it is defending users' privacy and fair use principles.

OpenAI is facing calls for "serious sanctions" after fighting to keep news organizations from snooping through millions of logs to find evidence of users skirting their paywalls by prompting ChatGPT to regurgitate their articles. This evidence is considered among the most important to both sides, potentially either dooming OpenAI as an infringer or exonerating its chatbot technology as a transformative fair use of news sites' content. In a sanctions motion Thursday, news organizations suing Open

"Exactly what that dialog looked like between the government and Anthropic and OpenAI is unclear."

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