Earlier this week, a federal judge ordered Openai to keep all chatgpt logs. This includes “temporary chats”, deleted messages, and usually wiped API data. For developers and app creators who rely on Openai’s API with Data Privacy’s promise, this could throw a wrench at everything.
The order is part of an ongoing legal battle between Openai and The New York Times, suing the company (and Microsoft) last year, accusing them of using millions of articles without permission to train AI models.
Openai appeals ChatGpt Data Court orders and cites user privacy
To defend the privacy of hundreds of millions of ChatGpt users, Openai is currently being pushed back and has filed a motion to vacate the court’s May 13 data storage order. Citing the court’s application, the company argued that the order was in a hurry and was based more on suspicion than evidence, according to Reuters.
“Openai sues an order in a copyright case filed by the New York Times that requires the ChatGpt output data to be stored indefinitely, claiming that the order will compete with privacy commitments with users,” Reuters reported.
Openai says that the judges were not given the opportunity to respond appropriately before ordering them to begin keeping logs that had normally been deleted.
“Recently, NYT asked the court to force users to not delete user chats. I think this is an inappropriate request to set a bad precedent. We are suing the decision,” Openai posted on X.
“We fight against any demands that compromise our users’ privacy. This is a core principle.”
Recently, the NYT asked the court to force the user chat not to be deleted. I think this was an inappropriate request to set a bad precedent.
We are appealing for a decision.
We fight against any demands that undermine our users’ privacy. This is a core principle.
– Sam Altman (@sama) June 6, 2025
The judge’s decision came after plaintiffs raised concerns that users trying to bypass Paywalls could wipe the chat to avoid detection. They argued that the possibility was sufficient to justify enforcing Openai to keep everything. US Magistrate Judge Ona Wang has sided with the times and said that without strict orders, the Open may continue to wipe out logs that serve as evidence.
In response, Openai argued that there was no evidence that the person deleting the chat was doing something suspicious or that they intentionally deleted anything related to the lawsuit. The company has also pushed back the idea that user privacy should take the back seat, especially without strong evidence that fraud is occurring.
The broader concern here isn’t just one lawsuit. It’s about ripple effects. Openai says the order forces users to break their own promises about how data is processed. This includes users of ChatGpt Free, Plus and Pro, along with developers who build the API.
“As a result, Openai is forced to abandon its commitment to give users control over when and how ChatGPT conversation data will be used and whether it will be retained,” the company said in its submission.
Openai also pointed out that the court’s decision relies on “basic accusations,” and warned that the order would put the privacy of hundreds of millions of users at risk. On Thursday, the company posted a FAQ outlining what this could be affected and what it means in the future.
US District Judge Sidney Stein, who oversees the case, previously said the Times presented enough cases to advance Open and claims that Microsoft encouraged copyright infringement. That control blocked some of the motions for the companies to dismiss the case.
This is not Openai’s first legal battle. In 2023, a trade group representing well-known authors, including John Grisham, sued the ChatGpt maker in Manhattan Federal Court, accusing them of copyright infringement. Two months ago, Openai was accused of shave and stealing personal data from millions of people without their consent.
Next big question: Will the courts ease the order, or will this legal battle push more AI companies to rethink how they store their user data?
NYT-V-OPENAI-PRSENATION-ORDER-5-13-25
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