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Fighting the New York Times' invasion of user privacy

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Re: Fighting the New York Times' invasion of user privacy

#151

Earlier quoted context omitted.

> In copyright cases, typically you need to show some kind of harm. NYT is suing for statutory copyright infringement. That means you only need to demonstrate that the copyright infringement, since the infringement alone is considered harm; the actual harm only matters if you're suing for actual damages. This case really comes down to the very unsolved question of whether or not AI training and regurgitation is copyr…

NYT doesn't care about regurgitation. When it was doable, it was spotty enough that no one would rely on it. But now the "trick" doesn't even work anymore (you would paste the start of an article and chatgpt would continue it). What they want is to kill training, and more over, prevent the loss of being the middle-man between events and users.

> What they want is to kill training, and more over, prevent the loss of being the middle-man between events and users.

So... they want to continue reporting news, and they don't want their news reports to be presented to users in a place where those users are paying someone else and not them. How horrible of them?

If NYT is not reporting news, then NYT news reports will not be available for AIs to ingest. They can perhaps still get some of that data from elsewhere, perhaps from places that don't worry about the accuracy of the news (or intentionally produces inaccurate news). You have to get signal from somewhere, just the noise isn't enough, and killing off the existing sources of signal (the few remaining ones) is going to make that a lot harder.

The question is, does journalism have a place in a world with AIs, and should OpenAI be the one deciding the answer to that question?

Re: Fighting the New York Times' invasion of user privacy

#152

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

NB. There is no order to "collect". The order is to preserve what is already being collected and stored in the ordinary course of business https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6... https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6...

[deleted]

Re: Fighting the New York Times' invasion of user privacy

#153

I wouldn't want to make it out like I think OpenAI is the good guy here. I don't. But conversations people thought they were having with OpenAI in private are now going to be scoured by the New York Times' lawyers. I'm aware of the third party doctrine and that if you put something online it can never be actually private. But I think this also runs counter to people's expectations when they're using the product. In c…

I get the feeling, but that's not what this is. NYTimes has produced credible evidence that OpenAI is simply stealing and republishing their content. The question they have to answer is "to what extent has this happened?" That's a question they fundamentally cannot answer without these chat logs. That's what discovery, especially in a copyright case, is about. Think about it this way. Let's say this were a book store…

You don't hate the media nearly enough.

"Credible" my ass. They hired "experts" who used prompt engineering and thousands of repetitions to find highly unusual and specific methods of eliciting text from training data that matched their articles. OpenAI has taken measures to limit such methods and prevent arbitrary wholesale reproduction of copyrighted content since that time. That would have been the end of the situation if NYT was engaging in good faith.

The NYT is after what they consider "their" piece of the pie. They want to insert themselves as middlemen - pure rent seeking, second hander, sleazy lawyer behavior. They haven't been injured, they were already dying, and this lawsuit is a hail mary attempt at grifting some life support.

Behavior like that of the NYT is why we can't have nice things. They're not entitled to exist, and by engaging in behavior like this, it makes me want them to stop existing, the faster, the better.

Copyright law is what you get when a bunch of layers figure out how to encode monetization of IP rights into the legal system, having paid legislators off over decades, such that the people that make the most money off of copyrights are effectively hoarding those copyrights and never actually produce anything or add value to the system. They rentseek, gatekeep, and viciously drive off any attempts at reform or competition. Institutions that once produced valuable content instead coast on the efforts of their predecessors, and invest proceeds into lawsuits, lobbying, and purchase of more IP.

They - the NYT - are exploiting a finely tuned and deliberately crafted set of laws meant to screw actual producers out of percentages. I'm not a huge OpenAI fan, but IP laws are a whole different level of corrupt stupidity at the societal scale. It's gotcha games all the way down, and we should absolutely and ruthlessly burn down that system of rules and salt the ground over it. There are trivially better systems that can be explained in a single paragraph, instead of requiring books worth of legal code and complexities.

Re: Fighting the New York Times' invasion of user privacy

#154
post #136

Earlier quoted context omitted.

> What is the purpose of OpenAI storing millions of private conversations Its needed for the conversation history feature, a core feature of the ChatGPT product Its like saying "What is the purpose of Google Photos storing millions of private images"

This is true but why retain deleted conversations?

That's the objection: The court order requires them to retain everything they currently have, even if the user requests that it be deleted.

Re: Fighting the New York Times' invasion of user privacy

#155

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

Is there a technical limitation that prevents chat histories from being stored locally on the user's computer instead of being stored on someone else's computer(s)

Why do chat histories need to be accessible by OpenAI, its service partners and anyone with the authority to request them from OpenAI

If users want this design, as suggested by HN commenters, if users want their chat histories to be accessible to OpenAI, its service providers and anyone with authority to request them from OpenAI, then wouldn't it also be true that these users are not much concerned with "privacy"

If so, then why would OpenAI proclaim they are "fighting the New York Times' invasion of user privacy", knowing that NYT is prohibited from making the logs public and users generally do not care much about "privacy" anyway

The restrictions on plaintiff NYT's use of the logs are greater than the restrictions, if any,^1 on OpenAI's use of them

1. If any such restrictions existed, for example if OpenAI stated "We don't do X" in a "privacy policy" and people interpreted this as a legally enforceable restriction,^2 how would a user verify that the statement was true, i.e., that OpenAI has not violated the "restriction". Silicon Valley companies like OpenAI are highly secretive

2. As opposed to a statement by OpenAi of what OpenAI allegedly does not do. Compare with a potentially legally-enforceable promise such as "OpenAI will not do X". Also consider that OpenAI may do Y, Z, etc. and make no mention of it to anyone. As it happens Silicon Valley companies generally have a reputation for dishonesty

Re: Fighting the New York Times' invasion of user privacy

#156

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

NB. There is no order to "collect". The order is to preserve what is already being collected and stored in the ordinary course of business https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6... https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6...

The two documents you linked are responses to specific parts of OpenAI's objection. They're not good sources for the original order.

Nevertheless, you're generally correct but you don't realize why: A core feature of ChatGPT is that it keeps your conversation history right there so you can click on it, review it, and continue conversations across all of your devices. The court order is to preserve what is already present in the system even if the user asks to delete it.

For those who are confused: A core feature of ChatGPT and other LLM accounts is that your past conversations are available to return to, until you specifically delete them. The problem now is that if a user asks for the conversation to be deleted, OpenAI has to retain the conversation for the court order even though it appears deleted.

Re: Fighting the New York Times' invasion of user privacy

#157

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

> What is the purpose of OpenAI storing millions of private conversations

Your previous ChatGPT conversations show up right in the ChatGPT interface.

They have to store the private conversations to enable users to bring them up in the interface.

This isn't a secretive, hidden data collection. It's a clear and obvious feature right in the product. They're fighting for the ability to not retain secret records of past conversations that have been deleted.

The problem with the court order is that it requires them to keep the conversations even after a user presses the 'Delete' button on them.

Re: Fighting the New York Times' invasion of user privacy

#158

Earlier quoted context omitted.

> In copyright cases, typically you need to show some kind of harm. NYT is suing for statutory copyright infringement. That means you only need to demonstrate that the copyright infringement, since the infringement alone is considered harm; the actual harm only matters if you're suing for actual damages. This case really comes down to the very unsolved question of whether or not AI training and regurgitation is copyr…

NYT doesn't care about regurgitation. When it was doable, it was spotty enough that no one would rely on it. But now the "trick" doesn't even work anymore (you would paste the start of an article and chatgpt would continue it). What they want is to kill training, and more over, prevent the loss of being the middle-man between events and users.

It’s more than middle man right? Like if visits to NYT reduce then they get less ads revenue and their ability to do business goes away. On the other hand, if they demand licensing fees then they’ll just be marginalized by other news anyways.

Re: Fighting the New York Times' invasion of user privacy

#159

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

Is there a technical limitation that prevents chat histories from being stored locally on the user's computer instead of being stored on someone else's computer(s) Why do chat histories need to be accessible by OpenAI, its service partners and anyone with the authority to request them from OpenAI If users want this design, as suggested by HN commenters, if users want their chat histories to be accessible to OpenAI, i…

> Is there a technical limitation that prevents chat histories from being stored locally on the user's computer

People access ChatGPT through different interfaces: Web, desktop app, their phones, tablets.

Therefore the conversations are stored on the servers. It's really not some hidden plot against users to steal their data. It's just how most users expect their apps to work.

Re: Fighting the New York Times' invasion of user privacy

#160

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations." As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims Why has OpenAI collected and stored 20 million conversations (including "deleted chats") What is the purpose of OpenAI storing millions of private conversations By contrast the purpose of NYT's reques…

Is there a technical limitation that prevents chat histories from being stored locally on the user's computer instead of being stored on someone else's computer(s) Why do chat histories need to be accessible by OpenAI, its service partners and anyone with the authority to request them from OpenAI If users want this design, as suggested by HN commenters, if users want their chat histories to be accessible to OpenAI, i…

They're very valuable data, and it's convenient to log in to see a previous chat.

If you have ever played with the api, its clear as day that the protocol itself is stateless.

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