Legal disputes are never exactly a love fest, but the fight for rights copyright between The New York Times, OpenAI and Microsoft is becoming especially controversial. This week, the Times He alleged that OpenAI engineers deleted data that the newspaper’s team had spent more than 150 hours extracting as possible evidence.
OpenAI was able to recover much of the data, but the Times’ legal team claims that the original file names and folder structure are still missing. According to one statement filed in court Wednesday by Jennifer B. Maisel, an attorney for the newspaper, this means that the information “cannot be used to determine where the plaintiffs’ copied articles may have been incorporated” into OpenAI’s artificial intelligence models.
“We do not agree with the characterizations made and will present our response shortly,” OpenAI spokesperson Jason Deutrom told WIRED in a statement. He New York Times declined to comment.
The demand for The New York Times against OpenAI
He Times filed its copyright lawsuit against OpenAI and Microsoft last year, alleging that the companies had illegally used their articles to train artificial intelligence tools like ChatGPT. The case is one of many ongoing legal battles between AI companies and publishers, including a similar lawsuit filed by the Daily News which is being managed by some of the same lawyers.
The case of Times is currently in the testing proposal phase, which means that both parties are delivering requested documents and information that could become evidence. As part of the process, the court required OpenAI to show the Times their training datawhich is very important: OpenAI has never publicly revealed what exactly data was used to create its AI models.. To do this, OpenAI created what the court calls a “sandbox” (a controlled environment where files can be tested) of two “virtual machines” that the lawyers of the Times they were able to examine. In his statement, Maisel claimed that OpenAI engineers had “wiped” the data organized by the Times team on one of these machines.
According to Maisel’s statement, OpenAI acknowledged that the information had been deleted and attempted to fix the issue shortly after it was brought to its attention earlier this month. But when the newspaper’s lawyers examined the “restored” data, it was too disorganized, forcing them “to redo their work from scratch, using considerable man-hours and computer processing time,” other lawyers for the newspaper said. Times in a letter presented to the judge on the same day as Maisel’s statement.
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