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OpenAI's lawyer tells the court its LibGen book datasets were removed in 2022 on advice of counsel, and that it will give no other reason
At a discovery conference on August 12, 2025, the authors' lawyers asked Magistrate Judge Ona Wang to look into OpenAI's deletion of two book datasets, known as Books1 and Books2, which OpenAI has since admitted included LibGen content. OpenAI's lawyer said GPT-3.5 was the last model trained on them, that they were removed in 2022, a year before any author sued, and that the reasons are privileged because they were based on advice of counsel; OpenAI would offer no non-privileged reason. He said OpenAI had recovered and produced the datasets; the authors' lawyers said only an earlier copy was produced. They also said OpenAI had first told them the datasets were deleted for non-use. The judge ordered both sides to file timelines of OpenAI's statements and said the matter was "something that's quite concerning." She did not rule that day. The statements about OpenAI's conduct here are its own lawyer's, made in court.
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