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Judge Stein upholds orders requiring OpenAI to hand over a sample of 20 million de-identified ChatGPT conversations to the news publishers and the author classes
On Jan. 5, 2026, Judge Sidney Stein overruled OpenAI's objections and affirmed Magistrate Judge Ona Wang's orders of Nov. 7, 2025 (Dkt. 734) and Dec. 5, 2025 (Dkt. 910) compelling OpenAI to produce the full 20 million-conversation sample of consumer ChatGPT logs, de-identified by OpenAI's own tool, to the News plaintiffs and to the class plaintiffs. The order recounts that OpenAI itself proposed the 20 million sample in July 2025 as "surely more than enough," the publishers accepted it in August, and OpenAI then said in October it would produce only conversations matching search terms. Judge Wang had found that logs with no reproduction of the publishers' articles could still bear on OpenAI's fair use defense, and that users' privacy was protected by the sampling, de-identification and the protective order. Judge Stein held her balancing was neither clearly erroneous nor contrary to law, distinguished the Second Circuit's Rajaratnam wiretap case, and said no rule requires a court to order the least burdensome discovery possible.
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