Federal Judge Demands OpenAI Reveal Internal Communications OverDeleted Pirated Books
A Manhattan Federal Court Magistrate Judge has ruled that OpenAI must hand over all internal communications with lawyers regarding the reasons behind deleting two massive databases of pirated books. The tech giant used these databases to train its AI product, ChatGPT, which is at the center of a massive consolidated class-action lawsuit.
The judge's decision centers on a group of plaintiffs, including best-selling authors like George R.R. Martin and John Grisham, who claim that OpenAI used pirated books from the notorious "LibGen" library to train its AI products without permission. The companies allegedly deleted these two troves, called "Books1" and "Books2," in 2022, just a year before any litigation began.
In her ruling, Judge Ona Wang noted that OpenAI's shifting reasons for deleting the data made it impossible for the company to claim attorney-client privilege as a valid defense. "OpenAI continues to assert that it did not willfully infringe Class Plaintiffs' copyrighted works," she wrote. "A jury is entitled to know the basis for OpenAI's purported good faith."
The judge ordered OpenAI to hand over all internal communications with its in-house lawyers regarding the reasons behind deleting the datasets, as well as any references to LibGen that have previously been redacted or withheld.
OpenAI has announced that it plans to appeal the ruling, stating that it "disagrees" with the decision. The company's spokesperson told Law360 that it will continue to fight the lawsuit, despite the judge's order.
A Manhattan Federal Court Magistrate Judge has ruled that OpenAI must hand over all internal communications with lawyers regarding the reasons behind deleting two massive databases of pirated books. The tech giant used these databases to train its AI product, ChatGPT, which is at the center of a massive consolidated class-action lawsuit.
The judge's decision centers on a group of plaintiffs, including best-selling authors like George R.R. Martin and John Grisham, who claim that OpenAI used pirated books from the notorious "LibGen" library to train its AI products without permission. The companies allegedly deleted these two troves, called "Books1" and "Books2," in 2022, just a year before any litigation began.
In her ruling, Judge Ona Wang noted that OpenAI's shifting reasons for deleting the data made it impossible for the company to claim attorney-client privilege as a valid defense. "OpenAI continues to assert that it did not willfully infringe Class Plaintiffs' copyrighted works," she wrote. "A jury is entitled to know the basis for OpenAI's purported good faith."
The judge ordered OpenAI to hand over all internal communications with its in-house lawyers regarding the reasons behind deleting the datasets, as well as any references to LibGen that have previously been redacted or withheld.
OpenAI has announced that it plans to appeal the ruling, stating that it "disagrees" with the decision. The company's spokesperson told Law360 that it will continue to fight the lawsuit, despite the judge's order.