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OpenAI Moves to Depose NYT Consultant, Alleging Manufactured Evidence in Copyright Battle

Summarized by NextFin AI
  • OpenAI has filed a motion in federal court to compel the deposition of a consultant linked to The New York Times, aiming to challenge the evidence in the copyright lawsuit.
  • The lawsuit centers around allegations that the Times used specific prompts to manipulate ChatGPT outputs, which OpenAI claims were not typical user interactions.
  • The outcome of this case could significantly impact the AI industry, potentially weakening the Times' argument that ChatGPT substitutes for news subscriptions.
  • Legal experts suggest that OpenAI's strategy is to shift the narrative from theft to entrapment, focusing on the technicalities of evidence collection.

NextFin News - OpenAI has escalated its legal counter-offensive against The New York Times, filing a motion in federal court on March 4, 2026, to compel the deposition of a third-party consultant who allegedly helped the publisher engineer the "regurgitation" evidence at the heart of its copyright lawsuit. The move marks a pivot from debating the ethics of AI training to a forensic deconstruction of how the Times produced its most damaging evidence: examples of ChatGPT providing near-verbatim excerpts of paywalled articles.

The filing in the Southern District of New York targets a consultant whose identity has been a point of contention throughout the discovery phase. OpenAI argues that the Times did not merely "discover" these outputs through normal use but rather "hacked" the system using highly specific, multi-step prompts designed to bypass safety filters. By seeking the consultant’s testimony and the exact prompts used, OpenAI aims to prove that the alleged infringement was a manufactured result of "prompt engineering" rather than a reflection of how the general public interacts with the model.

This tactical shift follows a series of discovery disputes that have characterized the litigation since late 2025. Earlier this year, the Times accused OpenAI of destroying "output log data" that could have shown how often users encountered copyrighted material. OpenAI countered by alleging that the Times itself had "secretly deleted evidence" of its internal use of AI models. The current demand for the consultant’s deposition suggests OpenAI believes it can invalidate the Times’ "fair use" rebuttal by showing that the "regurgitation" was an edge case triggered by bad-faith manipulation.

The stakes for the broader AI industry are immense. If OpenAI successfully demonstrates that the Times’ evidence was artificially induced, it could significantly weaken the publisher’s claim that ChatGPT serves as a market substitute for news subscriptions. For the Times, the consultant’s work is likely protected under work-product privilege, a defense they are expected to mount vigorously. However, if the court views the consultant as a fact witness to the creation of the evidence rather than a legal advisor, the deposition could expose the "black box" of the Times’ investigative methodology.

Legal experts suggest this move is a calculated attempt to shift the narrative from "theft" to "entrapment." By focusing on the consultant, OpenAI is betting that the technical reality of how the evidence was gathered will overshadow the visual impact of the verbatim text. As the case moves toward a potential trial later in 2026, the battle over these prompts will determine whether "regurgitation" is viewed as a systemic flaw or a laboratory-created anomaly. The outcome will set the precedent for whether AI companies are liable for outputs that require expert-level manipulation to produce.

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Insights

What are the key technical principles behind prompt engineering in AI?

What led to the current copyright lawsuit between OpenAI and The New York Times?

What is the current status of the legal battle between OpenAI and The New York Times?

What recent legal developments have occurred in the OpenAI vs. NYT case?

How might the outcome of this case influence the AI and publishing industries?

What challenges does OpenAI face in proving its claims against The New York Times?

What controversies exist surrounding the use of AI in copyright disputes?

How does the consultant's role impact the legal arguments presented by both parties?

What are the potential implications for AI companies if OpenAI wins this case?

How does this case compare to other legal battles involving AI and copyright?

What evidence has OpenAI gathered to support its claims against The New York Times?

What arguments are being made by The New York Times in response to OpenAI's claims?

What are the implications of the term 'fair use' in the context of this case?

How might user feedback influence the perceptions of AI outputs in copyright cases?

What are the risks associated with AI companies manipulating prompt engineering?

What legal precedents could be set by the outcome of this case?

What steps could OpenAI take if it loses the lawsuit against The New York Times?

How does this case reflect the evolving relationship between technology and media?

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