"OpenAI continues to assert that it did not willfully infringe Class Plaintiffs' copyrighted works. A jury is entitled to know the basis for OpenAI's purported good faith," Wang wrote in her 28-page decision. "What matters is that OpenAI has put its state of mind at issue, and OpenAI may not selectively use attorney-client privilege to restrict Class Plaintiffs' inquiry into evidence concerning OpenAI's purported good faith in this way."
"Wang's decision Monday centers on a group of plaintiffs that include the Authors Guild and a long list of best-selling writers like "A Game of Thrones" scribe George R.R. Martin and legal thriller author John Grisham. The authors allege that OpenAI used pirated books from the infamous online "LibGen" library, which two courts have ordered shut down over the past decade, to train its AI products, after an employee downloaded them in 2018."
A Manhattan magistrate ordered OpenAI to turn over all internal communications with lawyers about deleting two large pirated-book datasets known as Books1 and Books2. The judge found that OpenAI's changing reasons for deleting the datasets undermined any claim of attorney-client privilege because OpenAI put its state of mind and purported good faith at issue. The decision arose in a consolidated class-action that includes authors and news organizations alleging OpenAI trained products with books from the LibGen shadow library. The deleted datasets were removed in 2022 and are believed to have contained over 100,000 books.
Read at The Mercury News
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