AI Glitches and Legal Risks: The High-Stakes Battle Over Copyright and Truth

The New York Times claims that OpenAI engineers erased critical evidence it had meticulously extracted from OpenAI’s training data for their ongoing copyright lawsuit. This unintentional “glitch” forced the Times to restart its evidence collection, consuming significant time and resources. The lawsuit, which accuses OpenAI and Microsoft of using Times articles without permission to train AI models, is part of a broader reckoning between publishers and AI developers.

In response, OpenAI attributed the erasure to technical issues and made efforts to restore the data, but the process proved inadequate. The Times continues to push for greater access to documents and internal communications, underscoring the complexity of litigation involving proprietary AI systems. With no clear industry consensus on AI’s legal boundaries, the case could set a precedent for how generative AI interacts with copyright law.

5 Key Takeaways

1. Accidental Data Deletion: OpenAI engineers erased key evidence during discovery, calling it a "glitch."
2. Resource-Intensive Rework: The Times had to recreate its evidence collection, requiring significant time and effort.
3. Larger Copyright Debate: The lawsuit is part of ongoing disputes between AI companies and publishers over copyright infringement.
4. Discovery Battles: Both sides struggle over access to training data and internal communications.
5. Precedent-Setting Case: The outcome may shape legal standards for AI and copyright in the U.S.

(Source: Kate Knibbs, “New York Times Says OpenAI Erased Potential Lawsuit Evidence,” in WIRED)