AI copyright case widens as discovery disputes erupt

What's happened

OpenAI and Microsoft face intensified scrutiny as plaintiffs accuse the company of withholding evidence in a landmark copyright case over AI training on news articles. Courts are asked to punish potential discovery misconduct and to determine the impact of ChatGPT logs on alleged copyright violations.

What's behind the headline?

What’s happening now

• The case has evolved with new motions alleging discovery misconduct and evidence withholding. OpenAI has argued privacy and fair use considerations.
• Courts may sanction OpenAI or restrict use of certain logs as evidence, potentially altering the trajectory of the lawsuit.
• Media publishers have pursued licensing deals to secure access to training data, influencing the economics of AI development.

Why it matters

• The outcome could reshape how AI firms train models on journalism and how much outlets control the use of their work.
• A strong sanction could deter data practices perceived as evasive, while a mild ruling might embolden similar behavior.

What’s next

• Judges will consider motions for sanctions and evidentiary admissibility. A ruling could set a precedent for discovery in AI copyright disputes.

How we got here

The Times and other outlets filed suit in 2023 alleging that OpenAI and Microsoft built AI systems by training on copyrighted journalism. The current round centers on alleged obstruction in disclosure and retention of chat logs and training data. Legal costs are rising as outlets seek sanctions and attorney fees, with a growing ecosystem of licensing deals shaping the industry.

Our analysis

TechCrunch reports on OpenAI’s internal data practices and chat logs; Independent and AP News describe discovery misconduct allegations against OpenAI; NYT coverage and other publishers provide context on the broader litigation landscape.

Go deeper

• What impact could a ruling have on newsroom licensing deals?
• Will the court allow the 20-million log sample to be used as evidence?
• How might this case influence fair-use arguments in AI training?

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