Dave Jimenez
What the Newspapers Allege
The publishers, part of a consolidated copyright suit against OpenAI, claim the company told the court it could not feasibly search its large language models or output logs for infringing content, then quietly ran those searches anyway. Their filing states OpenAI had conducted such searches "even before the first News Plaintiff filed suit," a timeline that, if accurate, undercuts two years of representations made to opposing counsel and the bench.
The plaintiffs also allege OpenAI deleted billions of ChatGPT conversation logs or rendered them unsearchable, material they argue was directly relevant to proving reproduction of their copyrighted articles. They are asking the court for attorneys' fees and a formal finding that the chat logs demonstrate misuse of their works, a remedy that would shortcut a key factual dispute in OpenAI's favor of the plaintiffs without further discovery battles.
Attorney Statement Sharpens the Timeline Dispute
Ian Crosby, lead attorney for the New York Times, framed the alleged conduct bluntly in a statement accompanying the filing: "For over two years, OpenAI lied to The Times, The Daily News Plaintiffs, the public, and the court." He said OpenAI called the searches infeasible, burdensome, and invasive of user privacy while concealing that it had already performed them.
That claim rests on testimony from an OpenAI employee, cited in Thursday's filing, stating the company had "performed multiple searches for News Plaintiffs' content." The gap between that testimony and OpenAI's earlier representations to the court is the crux of the sanctions request. OpenAI had not responded to requests for comment on the motion as of the filing.
Where This Fits in the Broader AI Copyright Docket
The Times originally filed suit in 2023 against OpenAI and its largest financial backer, Microsoft, alleging millions of its articles were used without permission to train the model underlying ChatGPT. The case now sits alongside a wave of similar suits from authors, visual artists, and music labels against OpenAI, Anthropic, and Meta Platforms over AI training practices, making the discovery dispute a bellwether for how courts will handle data preservation obligations across that docket.
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Alana Hill
Nicholas Weiss
