OpenAI’s Tactics Test First Amendment in New York Times Fight

OpenAI’s effort to force The New York Times to hand over reporting notes behind millions of articles allegedly used to train ChatGPT could be a hardball tactic to run up the newspaper’s legal bills or stall its copyright infringement suit, according to several intellectual property and First Amendment attorneys.

OpenAI Inc. has adopted an aggressive discovery stance against New York Times Co. over the past several months, and the parties ultimately have reached an impasse.

The AI company asked Judge Sidney H. Stein of the US District Court for the Southern District of New York to step ...