The New York Times and a group of other publishers are asking a federal court to sanction OpenAI, accusing the company of withholding or destroying evidence in a high-stakes copyright case over how ChatGPT was trained and used.
In a motion filed Thursday in federal court in Manhattan, the publishers alleged that OpenAI misrepresented its ability to search training datasets and ChatGPT output logs for copyrighted news material. According to Reuters, the publishers said OpenAI told the court it could not search its large language models for their work while allegedly concealing that it had already done so “even before the first News Plaintiff filed suit.”
The motion is the latest escalation in the copyright fight between major news organizations and AI companies. It also moves the dispute deeper into discovery, where the question is not just whether AI companies can use journalism to train models, but whether they can preserve, search and produce the records needed to prove what happened.
The plaintiffs include The Times, the New York Daily News and other media organizations, including Ziff Davis and the Center for Investigative Reporting, according to The Associated Press and Variety. The original New York Times article reported that the publishers are seeking legal sanctions against OpenAI, including monetary penalties and other remedies.
The filing does not ask for sanctions against Microsoft, which is also a defendant in The Times’ broader copyright case, according to The Times’ summary of the motion. Microsoft has invested heavily in OpenAI and integrated OpenAI technology into products including Copilot.
“The evidence is in OpenAI’s training data sets and ChatGPT output logs,” the publishers said in the motion, according to The Times. “But instead of just producing that evidence at the start of the case and focusing on the merits of its fair use defense, OpenAI chose obstruction.”
OpenAI rejected the allegations. “As the Times’ case weakens and they’ve been forced to drop claims against us, they’re persisting with their efforts to invade the privacy of people who have nothing to do with this case, including by making these blatantly false allegations,” OpenAI spokesperson Drew Pusateri told Reuters. “We’ll continue defending our users’ privacy and the long-established principles of fair use.”
The publishers allege that OpenAI deleted billions of relevant ChatGPT conversations or made them unsearchable. They also argue that an OpenAI employee later testified that the company had performed multiple searches for news publishers’ content, contradicting earlier representations about the company’s technical limitations.
A sanctions memorandum posted by Ars Technica says the publishers want the court to bar OpenAI from relying on a disputed 20 million-log ChatGPT sample, find that ChatGPT’s output logs include or would have shown substantial use of the publishers’ copyrighted material, instruct the jury on those findings and award fees and costs tied to the discovery fight.
Those remedies would matter because discovery disputes can shape the trial record. If the court finds OpenAI failed to preserve or produce relevant evidence, the ruling could affect what arguments OpenAI can make later and what conclusions a jury may be allowed to draw from missing or incomplete records.
The Times sued OpenAI and Microsoft in 2023, alleging that millions of Times articles were used without permission to train AI systems that now compete with publishers as sources of information. OpenAI and other AI companies have argued that training models on large bodies of text is protected by fair use, a theory now being tested across lawsuits from authors, artists, music labels and news organizations.
For publishers, the issue goes beyond training data. They argue that AI chatbots and AI search summaries can answer readers’ questions using journalism without sending traffic, licensing revenue or subscribers back to the organizations that reported the information. Media Copilot has been tracking the same pressure point in coverage of Google’s AI accuracy problem and The Times’ warnings about AI companies using journalism without permission.
At the same time, publishers are taking different approaches to the AI economy. Some are suing. Others have signed licensing deals with AI companies. The Associated Press announced a deal with OpenAI in 2023, while other media companies have made agreements with OpenAI, Google, Meta and Amazon.
The sanctions motion could increase pressure on both sides. A ruling against OpenAI would give publishers leverage in court and in licensing talks. A ruling for OpenAI would strengthen the company’s argument that publishers are using discovery to intrude into user privacy and commercially sensitive systems.
Either way, the case shows that AI copyright fights are becoming data-governance fights. The central questions are no longer only what AI systems were trained on. They are whether companies can prove it, search it, preserve it and explain it in court.
