Court Orders OpenAI To Retain All Output Log Data: Considerations For ChatGPT Users

In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently issued an order requiring OpenAI to preserve and segregate all output log data (i.e., ChatGPT chat data), regardless of whether OpenAI has committed to delete such data in its consumer-facing policies, or is required to do so due to privacy law requirements or commitments under its customer agreements. OpenAI challenged the May 13 order, but Judge Wang denied the company's motion in a second order issued on May 16, in which the judge brushes off OpenAI's concerns – including with respect to user requests for deletion and privacy law considerations (at least for now) – in favor of preserving potential evidence in the case.