• by Laurie Sullivan  @lauriesullivan, Yesterday

OpenAI plans to appeal a copyright order brought by The New York Times that would require it to keep ChatGPT logs indefinitely.

Brad Lightcap, COO of OpenAI, in a blog post explained that the court order accompanied a lawsuit alleging the deleted chats may contain evidence that users prompt ChatGPT to generate copyrighted news articles.

“We strongly believe this is an overreach by the New York Times,” Lightcap wrote, adding: "We’re continuing to appeal this order so we can keep putting your trust and privacy first.”

OpenAI user reactions have been mixed, but many users have expressed concern about privacy and data security, while others support OpenAI and the need for data to improve AI. 

The order will affect those who use ChatGPT Free, Plus, Pro, as well as a Team subscription or the OpenAI API without a Zero Data Retention agreement, OpenAI said.

It does not impact ChatGPT Enterprise or ChatGPT Edu customers, or API customers using Zero Data Retention endpoints under OpenAI’s ZDR amendment. The court filing has been obtained and made accessible by Ars Technica.

OpenAI will challenge the order, hoping user testimony will help convince the court to set it aside.

The company says it is forced to abandon "long-standing privacy” standards and weaken privacy protections that users expect based on ChatGPT's terms of service. The logs could end up at the center of a court argument.

OpenAI said it already has argued that the plaintiffs’ request to preserve all output data” was vastly "overbroad" and conflicted with its privacy commitments, and filed a motion asking the Magistrate Judge to reconsider the preservation order, highlighting indefinite retention of user data breaches in terms of industry norms and its own policies.

In addition, OpenAI is not certain whether it can adhere to privacy standards that are already in place across the U.S. and in Europe.

The company also appealed the order with the District Court Judge.

The New York Times demands that OpenAI retain even its deleted chat data, as well as API content that would typically be automatically removed from OpenAI's systems within 30 days.

The data is not automatically shared with The New York Times, and content is stored separately in a secure system. It is protected under legal hold, which means it cannot be accessed or used for purposes other than meeting legal obligations, according to OpenAI.

“We strongly believe this is an overreach,” Lightcap wrote. “It risks your privacy without actually helping resolve the lawsuit. That’s why we’re fighting it.”