"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."
"During the discovery process, the plaintiffs found out that OpenAI deleted the two troves, called Books1 and Books2, in 2022 believed to contain more than 100,000 books a year before any litigation began. At the time, OpenAI asserted that the datasets were deleted due to non-use.' These are the only training datasets that, according to OpenAI, have ever been deleted, Wang wrote"
A federal magistrate judge ordered OpenAI to turn over internal communications with lawyers about why it deleted two large datasets of pirated books. The judge found that OpenAI's shifting explanations for the deletions undermined any attorney-client privilege claim. Plaintiffs include the Authors Guild, bestselling novelists, and several news organizations alleging that OpenAI used LibGen-sourced books to train its models. OpenAI maintains it did not willfully infringe and said the datasets were deleted for non-use. The deleted troves, Books1 and Books2, were believed to contain over 100,000 books and were removed in 2022.
Read at www.nydailynews.com
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