OpenAI, a company that is pushing to redefine how courts balance innovation, privacy, and the enforcement of copyright in the current legal battle over artificial intelligence and intellectual property, has brought a lawsuit challenging a sweeping discovery order.
It was announced on Wednesday that the artificial intelligence company requested a federal judge to overturn a ruling that requires it to disclose 20 million anonymized ChatGPT conversation logs, warning even de-identified records may reveal sensitive information about users.
In the current dispute, the New York Times and several other news organizations have filed a lawsuit alleging that OpenAI is violating copyright terms in its large language models by illegally using their content. The claim is that OpenAI has violated its copyright rights by using their copyrighted content.
A federal district court in New York upheld two discovery orders on January 5, 2026 that required OpenAI to produce a substantial sample of the interactions with ChatGPT by the end of the year, a consequential milestone in an ongoing litigation that is situated at the intersection of copyright law, data privacy, and the emergence of artificial intelligence.
According to the court's decision, this case concludes that there is a growing willingness by judicial authorities to critically examine the internal data practices of AI developers, while corporations argue that disclosure of this sort could have far-reaching implications for both user trust and the confidentiality of platforms themselves.
As part of the controversy, plaintiffs are requesting access to ChatGPT's conversation logs that record both user prompts and the system's response to those prompts.
Those logs, they argue, are crucial in evaluating claims of copyright infringement as well as OpenAI's asserted defenses, including fair use, since they capture both user prompts and system responses.
In July 2025, when OpenAI filed a motion seeking the production of a 120-million-log sample, citing the scale and the privacy concerns involved in the request, it refused.
OpenAI, which maintains billions of logs as part of its normal operations, initially resisted the request. It responded by proposing to produce 20 million conversations, stripped of all personally identifiable information and sensitive information, using a proprietary process that would ensure the data would not be manipulated.
A reduction of this sample was agreed upon by plaintiffs as an interim measure, however they reserved the right to continue their pursuit of a broader sample if the data were not sufficient. During October 2025, tensions escalated as OpenAI changed its position, offering instead to search for targeted words within the 20-million-log dataset and only to find conversations that directly implicated the plaintiff's work based on those search terms.
In their opinion, limiting disclosure to filtered results would be a better safeguard for user privacy, preventing the exposure of unnecessary unrelated communications. Plaintiffs, however, swiftly rejected this approach, filing a new motion to demand the release of the entire de-identified dataset.
On November 7, 2025, a U.S. Magistrate Judge Ona Wang sided with the plaintiffs, ordering OpenAI to provide all of the sample data in addition to denying the company's request to reconsider.
A judge ruled that obtaining access to both relevant and ostensibly irrelevant logs was necessary in order to conduct a comprehensive and fair analysis of OpenAI's claims.
Accordingly, even conversations which are not directly referencing copyrighted material can be taken into account by OpenAI when attempting to prove fair use.
As part of its assessment of privacy risks, the court deemed that the dataset had been reduced from billions to 20 million records by applying de-identification measures and enforcing a standing protective order, all of which were adequate to mitigate them.
In light of the fact that the litigation is entering a more consequential phase, Keker Van Nest, Latham & Watkins, and Morrison & Foerster are representing OpenAI in the matter, which is approaching court-imposed production deadlines.
In light of the fact that the order reflects a broader judicial posture toward artificial intelligence disputes, legal observers have noticed that courts are increasingly willing to compel extensive discovery - even if it is anonymous - to examine the process by which large language models are trained and whether copyrighted material may be involved.
A crucial aspect of this ruling is that it strengthens the procedural avenues for publishers and other content owners to challenge alleged copyright violations by AI developers. The ruling highlights the need for technology companies to be vigilant with their stewardship of large repositories of user-generated data, and the legal risks associated with retaining, processing, and releasing such data.
Additionally, the dispute has intensified since there have been allegations that OpenAI was not able to suspend certain data deletion practices after the litigation commenced, therefore perhaps endangering evidence relevant to claims that some users may have bypassed publisher paywalls through their use of OpenAI products.
As a result of the deletions, plaintiffs claim that they disproportionately affected free and subscription-tier user records, raising concerns about whether evidence preservation obligations were met fully. The company, which has been named as a co-defendant in the case, has been required to produce more than eight million anonymized Copilot interaction logs in response to the lawsuit and has not faced similar data preservation complaints.
A statement by Dr. Ilia Kolochenko, CEO of ImmuniWeb, on the implications of the ruling was given by CybersecurityNews. He said that while the ruling represents a significant legal setback for OpenAI, it could also embolden other plaintiffs to pursue similar discovery strategies or take advantage of stronger settlement positions in parallel proceedings.
In response to the allegations, several courts have requested a deeper investigation into OpenAI's internal data governance practices, including a request for injunctions preventing further deletions until it is clear what remains and what is potentially recoverable and what can be done. Aside from the courtroom, the case has been accompanied by an intensifying investor scrutiny that has swept the artificial intelligence industry nationwide.
In the midst of companies like SpaceX and Anthropic preparing for a possible public offering at a valuation that could reach hundreds of billions of dollars, market confidence is becoming increasingly dependent upon the ability of companies to cope with regulatory exposure, rising operational costs, and competitive pressures associated with rapid artificial intelligence development.
Meanwhile, speculation around strategic acquisitions that could reshape the competitive landscape continues to abound in the industry.
The fact that reports suggest OpenAI is exploring Pinterest may highlight the strategic value that large amounts of user interaction data have for enhancing product search capabilities and increasing ad revenue—both of which are increasingly critical considerations in the context of the competition between major technology companies for real-time consumer engagement and data-driven growth.
In view of the detailed allegations made by the news organizations, the litigation has gained added urgency due to the fact that a significant volume of potentially relevant data has been destroyed as a consequence of OpenAI's failure to preserve key evidence after the lawsuit was filed.
A court filing indicates that plaintiffs learned nearly 11 months ago that large quantities of ChatGPT output logs, which reportedly affected a considerable number of Free, Pro, and Plus user conversations, had been deleted at an alarming rate after the suit was filed, and they were reportedly doing so at a disproportionately high rate.
It is argued by plaintiffs that users trying to circumvent paywalls were more likely to enable chat deletion, which indicates this category of data is most likely to contain infringing material.
Furthermore, the filings assert that despite OpenAI's attempt to justify the deletion of approximately one-third of all user conversations after the New York Times' complaint, OpenAI failed to provide any rationale other than citing what appeared to be an anomalous drop in usage during the period around the New Year of 2024.
While news organizations have alleged OpenAI has continued routine deletion practices without implementing litigation holds despite two additional spikes in mass deletions that have been attributed to technical issues, they have selectively retained outputs relating to accounts mentioned in the publishers' complaints and continue to do so.
During a testimony by OpenAI's associate general counsel, Mike Trinh, plaintiffs argue that the trial documents preserved by OpenAI substantiate the defenses of OpenAI, whereas the records that could substantiate the claims of third parties were not preserved.
According to the researchers, the precise extent of the loss of the data remains unclear, because OpenAI still refuses to disclose even basic details about what it does and does not erase, an approach that they believe contrasts with Microsoft's ability to preserve Copilot log files without having to go through similar difficulties.
Consequently, as a result of Microsoft's failure to produce searchable Copilot logs, and in light of OpenAI's deletion of mass amounts of data, the news organizations are seeking a court order for Microsoft to produce searchable Copilot logs as soon as possible.
It has also been requested that the court maintain the existing preservation orders which prevent further permanent deletions of output data as well as to compel OpenAI to accurately reflect the extent to which output data has been destroyed across the company's products as well as clarify whether any of that information can be restored and examined for its legal purposes.
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