A U.S. federal court has issued a new ruling in The New York Times’ copyright infringement lawsuit against OpenAI. On October 9, Judge Ona T. Wang signed an order formally vacating the previous directive that required OpenAI to “indefinitely preserve and isolate all ChatGPT output data,” effectively bringing an end to the controversial data preservation mandate.
The case, which originated in late 2023, centers on The New York Times’ allegation that OpenAI used its news content without authorization to train AI models, constituting copyright infringement. To facilitate evidence collection, the court had ruled in May 2025 that OpenAI must preserve complete records of ChatGPT’s conversations and outputs, allowing the Times to examine whether its copyrighted works were embedded within the model’s responses.
OpenAI later appealed the order, arguing that it was “overly broad”, disrupted model operations, and risked violating user privacy. Under the court’s latest decision, effective September 26, OpenAI is no longer obligated to preserve all ChatGPT conversation data in its entirety. However, certain records must still be retained — specifically those already covered by the earlier order and any conversation logs associated with accounts flagged by The New York Times as potentially relevant.
The court also noted that The New York Times may expand the scope of its designations in the future, compelling OpenAI to retain additional account data for further comparison or evidentiary purposes.
Although the preservation order has been lifted, the lawsuit itself remains ongoing. At its core, the case will determine whether AI models can claim “fair use” of copyrighted material and how journalistic works should be legally positioned within the evolving landscape of generative AI.
The outcome of this litigation carries implications far beyond OpenAI, serving as a landmark for the AI industry on issues of data transparency and content licensing. As more media organizations and creative groups pursue similar lawsuits, the boundary between artificial intelligence and news publishing continues to be redefined.
While the ruling grants OpenAI a temporary reprieve, it also underscores the fundamental tension between generative AI and traditional copyright law. Striking a lasting balance between protecting intellectual property, safeguarding privacy, and fostering innovation will remain a complex, long-term challenge for both regulators and the global technology sector.
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