OpenAI Blamed NYT for Tech Problem Erasing Evidence of Copyright Abuse
upstart writes:
OpenAI denies deleting evidence, asks why NYT didn't back up data:
OpenAI keeps deleting data that could allegedly prove the AI company violated copyright laws by training ChatGPT on authors' works. Apparently largely unintentional, the sloppy practice is seemingly dragging out early court battles that could determine whether AI training is fair use.
Most recently, The New York Times accused OpenAI of unintentionally erasing programs and search results that the newspaper believed could be used as evidence of copyright abuse.
The NYT apparently spent more than 150 hours extracting training data, while following a model inspection protocol that OpenAI set up precisely to avoid conducting potentially damning searches of its own database. This process began in October, but by mid-November, the NYT discovered that some of the data gathered had been erased due to what OpenAI called a "glitch."
Looking to update the court about potential delays in discovery, the NYT asked OpenAI to collaborate on a joint filing admitting the deletion occurred. But OpenAI declined, instead filing a separate response calling the newspaper's accusation that evidence was deleted "exaggerated" and blaming the NYT for the technical problem that triggered the data deleting.
OpenAI denied deleting "any evidence," instead admitting only that file-system information was "inadvertently removed" after the NYT requested a change that resulted in "self-inflicted wounds." According to OpenAI, the tech problem emerged because NYT was hoping to speed up its searches and requested a change to the model inspection set-up that OpenAI warned "would yield no speed improvements and might even hinder performance."
The AI company accused the NYT of negligence during discovery, "repeatedly running flawed code" while conducting searches of URLs and phrases from various newspaper articles and failing to back up their data. Allegedly the change that NYT requested "resulted in removing the folder structure and some file names on one hard drive," which "was supposed to be used as a temporary cache for storing OpenAI data, but evidently was also used by Plaintiffs to save some of their search results (apparently without any backups)."
Once OpenAI figured out what happened, data was restored, OpenAI said. But the NYT alleged that the only data that OpenAI could recover did "not include the original folder structure and original file names" and therefore "is unreliable and cannot be used to determine where the News Plaintiffs' copied articles were used to build Defendants' models."
In response, OpenAI suggested that the NYT could simply take a few days and re-run the searches, insisting, "contrary to Plaintiffs' insinuations, there is no reason to think that the contents of any files were lost." But the NYT does not seem happy about having to retread any part of model inspection, continually frustrated by OpenAI's expectation that plaintiffs must come up with search terms when OpenAI understands its models best.
OpenAI claimed that it has consulted on search terms and been "forced to pour enormous resources" into supporting the NYT's model inspection efforts while continuing to avoid saying how much it's costing. Previously, the NYT accused OpenAI of seeking to profit off these searches, attempting to charge retail prices instead of being transparent about actual costs.
Now, OpenAI appears to be more willing to conduct searches on behalf of NYT that it previously sought to avoid. In its filing, OpenAI asked the court to order news plaintiffs to "collaborate with OpenAI to develop a plan for reasonable, targeted searches to be executed either by Plaintiffs or OpenAI."
How that might proceed will be discussed at a hearing on December 3. OpenAI said it was committed to preventing future technical issues and was "committed to resolving these issues efficiently and equitably."
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