OpenAI’s legal maneuver to compel The New York Times to release its reporters’ notes related to millions of articles allegedly used to train ChatGPT has sparked significant concern among legal experts about the potential broader implications for First Amendment rights. This aggressive discovery tactic is raising eyebrows for its possible intent to either escalate the newspaper’s legal expenses or delay the copyright infringement lawsuit.
The AI company’s stance against The New York Times Co. has been marked by an uncompromising approach, leading to a deadlock between the two parties. In response, OpenAI has sought judicial intervention from Judge Sidney H. Stein of the US District Court for the Southern District of New York, asking him to mandate the disclosure of these notes.
This move is perceived by several intellectual property and First Amendment attorneys as unprecedented and highly unusual. Requests of this nature are seldom put forth and are less likely to be fully granted. Legal professionals warn that such tactics, if normalized, could have a chilling effect on journalistic practices, potentially impeding the free flow of information that serves public interest.
For more details, the full article is available on Bloomberg Law.