Immediate production of the output log sample is essential to stay on track for the February 26, 2026, discovery deadline. OpenAI\u2019s proposal to run searches on this small subset of its model outputs on Plaintiffs\u2019 behalf is as inefficient as it is inadequate to allow Plaintiffs to fairly analyze how \u201creal world\u201d users interact with a core product at the center of this litigation. Plaintiffs cannot reasonably conduct expert analyses about how OpenAI\u2019s models function in its core consumer-facing product, how retrieval augmented generation (\u201cRAG\u201d) functions to deliver news content, how consumers interact with that product, and the frequency of hallucinations without access to the model outputs themselves.<\/p>\n
OpenAI said the NYT\u2019s discovery requests were initially limited to logs \u201crelated to Times content\u201d and that it has \u201cbeen working to satisfy those requests by sampling conversation logs. Towards the end of that process, News Plaintiffs filed a motion with a new demand: that instead of finding and producing logs that are \u2018related to Times content,\u2019 OpenAI should hand over the entire 20 million-log sample \u2018via hard drive.’\u201d<\/p>\n
OpenAI disputes judge\u2019s reasoning<\/p>\n
The November 7 order cited a California case, Concord Music Group, Inc. v. Anthropic PBC, in which US District Magistrate Judge Susan van Keulen ordered the production of 5 million records. OpenAI consistently relied on van Keulen\u2019s use of a sample-size formula \u201cin support of its previous proposed methodology for conversation data sampling, but fails to explain why Judge [van] Keulen\u2019s subsequent order directing production of the entire 5 million-record sample to the plaintiff in that case is not similarly instructive here,\u201d Wang wrote.<\/p>\n
OpenAI\u2019s filing today said the company was never given an opportunity to explain why Concord shouldn\u2019t apply in this case because the news plaintiffs did not reference it in their motion.<\/p>\n
\u201cThe cited Concord order was not about whether wholesale production of the sample was appropriate; it was about the mechanism through which Anthropic would effectuate an already agreed-upon production,\u201d OpenAI wrote. \u201cNothing about that order suggests that Judge van Keulen would have ordered wholesale production had Anthropic raised the privacy concerns that OpenAI has raised throughout this case.\u201d<\/p>\n
The Concord logs were just prompt-output pairs, \u201ci.e., a single user prompt followed by a single model output,\u201d OpenAI wrote. \u201cThe logs at issue here are complete conversations: each log in the 20 million sample represents a complete exchange of multiple prompt-output pairs between a user and ChatGPT.\u201d That could result in \u201cup to 80 million prompt-output pairs,\u201d OpenAI said.<\/p>\n","protected":false},"excerpt":{"rendered":"Immediate production of the output log sample is essential to stay on track for the February 26, 2026,…\n","protected":false},"author":2,"featured_media":288086,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45],"tags":[182,181,507,74],"class_list":{"0":"post-288085","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-artificial-intelligence","8":"tag-ai","9":"tag-artificial-intelligence","10":"tag-artificialintelligence","11":"tag-technology"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/288085","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=288085"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/288085\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/288086"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=288085"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=288085"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=288085"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}