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OpenAI Accidentally Deletes Important Data in Copyright Lawsuit
Incident compromises evidence against unauthorized use of New York Times and Daily News content in AI training
Isabella V21 November 2024

 

OpenAI is accused of accidentally deleting crucial data in the copyright lawsuit filed by the New York Times and Daily News, which claim its AI system used their content without permission. Lawyers for the parties involved argue that the deletion compromised evidence vital to the case.

Key points:

  • OpenAI accidentally deleted data relevant to the case against the New York Times and Daily News.
  • Lawyers for the publishers had spent more than 150 hours searching for data on OpenAI’s training sets.
  • The recovered data cannot be used to identify copyrighted articles used to build the AI models.
  • The incident caused a significant delay in the investigation, forcing the plaintiffs to start over.

In the context of the lawsuit between OpenAI and the New York Times, along with the Daily News, over the unauthorized use of their copyrighted content in training AI models, an incident has emerged that has further complicated the matter. As of November, OpenAI had agreed to provide the news outlets’ lawyers with two virtual machines, on which commissioned experts could conduct research to determine whether and how copyrighted content had been included in the datasets used to train its systems. However, last Nov. 14, OpenAI technicians accidentally deleted all data related to these searches on one of the virtual machines, according to a letter filed in court. Although OpenAI attempted to recover the lost information, the structure of the files and folders was irretrievably destroyed, making it impossible to trace which plaintiffs’ articles were used to train the models. This caused considerable difficulty, as lawyers and experts from the New York Times and Daily News had to start from scratch, spending additional hours and resources to reconstruct the work. Although it is not believed that the deletion of the data was intentional, the plaintiffs’ attorneys pointed out that OpenAI is the only one that can actually perform an exhaustive search within its datasets to identify the offending content.

This incident raises further questions about OpenAI’s data management and transparency, in a legal context that promises to have wide repercussions for the future of AI.