Lawyers for the New York Daily News, The New York Times and other news outlets including the Pioneer Press suing ChatGPT’s parent company, OpenAI, have asked a Manhattan judge to reject an effort by the technology giant to continue deleting data that could prove it stole journalists’ work.

Manhattan Federal Magistrate Judge Ona Wang last month ordered OpenAI to preserve its output logs and any related information slated for deletion after the news outlets accused the tech company of permanently dumping enormous swaths of data, hindering their ability to prove AI products could circumvent paywalls to “plagiarize and regurgitate copyrighted content.”

OpenAI has asked Wang to vacate the order, arguing that continuing to store the data would be a “massive burden” and infringe on the privacy of users.

The news outlets say that the argument runs contrary to what OpenAI tells its users about being subject to retaining data if the law requires it. They have noted that the AI companies don’t deny the data deleted were pertinent to the lawsuit.

“What it does not dispute is that the output log data is relevant to the News Cases, which as OpenAI has long recognized, include infringement claims based on outputs generated by [OpenAI’s] models and products,” lawyers wrote Tuesday.

“Nor can it dispute that, as a highly sophisticated technology company that is currently valued at more than $300 billion, it has both the means and ability to preserve this concededly relevant data.”

The news outlets say that OpenAI has used every trick in the book to skirt accountability. In addition to the mass deletions, they have accused the tech company of installing filters “designed to make it harder” to elicit answers containing journalists’ copyrighted works.

“OpenAI’s preferred course of action to ‘protect its users’ data and privacy’ — immediately resuming mass deletions — will also, coincidentally, allow it to continue to destroy data that would show its liability for copyright infringement,” lawyers for the news outlets wrote.

Addressing privacy concerns, Wang’s May 13 order outlined that it was solely meant to preserve and segregate information that would not be provided “wholesale” to anyone — or stored “forever” — but used to address concerns raised in the suit.

If Wang is inclined to entertain the AI companies’ objection, the newspapers said she should give them a chance to analyze different populations of data and present findings to the court.

The suit alleges OpenAI has illegally harvested millions of news stories to train its large language models and build generative AI products that can vomit them out — or versions of them — to users. That has sometimes resulted in journalists’ pirated reporting being misstated or misrepresented, misinforming ChatGPT users, the newspapers have argued.

While the newspapers’ publishers have spent billions of dollars to send “real people to real places to report on real events in the real world,” the two tech firms are “purloining” the papers’ reporting without compensation “to create products that provide news and information plagiarized and stolen,” according to the lawsuit.

OpenAI has argued that the vast amount of data used to train its artificial intelligence bots is protected by “fair use” rules. The doctrine applies to rules that allow some to use copyrighted work for purposes like criticism, commentary, news reporting, teaching and research.

However, lawyers for the newspapers have argued that the fair use test involves transforming a copyrighted work into something new, and the new work cannot compete with the original in the same marketplace.

The judge has rejected OpenAI’s position that the newspapers haven’t produced “a shred of evidence” that people are using ChatGPT or OpenAI’s API products to get news instead of paying for it.

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The newspapers noted Tuesday that engineers for the tech companies had all but admitted it themselves by acknowledging the chatbots weren’t designed to slip past paywalls — not that they couldn’t. They also cited another suit involving Google, in which an OpenAI engineer acknowledged local news was a “pretty common quer[y]” among ChatGPT users.

The Times originally brought the Manhattan Federal Court suit in December 2023. Newspapers in affiliated companies MediaNews Group and Tribune Publishing filed in April 2024.

Along with the St. Paul Pioneer Press, those outlets included The Mercury News, The Denver Post, The Orange County Register and Tribune Publishing’s Chicago Tribune, Orlando Sentinel and South Florida Sun Sentinel.

Lawyers for OpenAI did not respond to The News’ requests for comment.

Roger New says he has tried to serve as the people’s police chief. Now he’s set to retire in the fall and let new leadership take over the Eagan Police Department.

“I worked on their behalf,” New said. “I served every day on behalf of the citizens of the city of Eagan.”

Eagan Police Chief Roger New will retire in the fall of 2025. (Courtesy of the City of Eagan)

In 1994, New was sworn in as an officer in Eagan, and for 31 years he’s served with the city’s police department, spending the last seven of those years as chief of police. His efforts helped shape the department through “innovative practices, a strong emphasis on community partnerships and a deep commitment to organizational culture,” according to a city statement.

“I’ve tried to remain as loyal as possible to the city, and I’ve worked hard every day to prove that to the people who opened the door for me and gave me the opportunity, and I have no regrets,” New said.

At an early age, New became interested in policing because of his core desire to help others, he said – something he believes all officers should share.

New’s service with the department has focused on others through community involvement, staff development and relationship building, Mayor Mike Maguire said.

“Chief New has been a steadfast and visionary leader,” Maguire said in the city’s announcement. “His integrity, professionalism and commitment to building trust with our community have left a lasting legacy.”

In his role as chief, New said he and other officers lean into community engagement to help build support not just in Eagan, but across the entire state.

“I think that starts with sitting down and having a cup of coffee with just about anybody that comes and knocks on the door,” New said.

Policing post-George Floyd

As an officer working during the time of George Floyd’s murder, New said 2020 and the years that followed were some of the toughest times for law enforcement on a grand scale.

As a Black man, New said he himself has experienced discrimination within law enforcement and from the general public. Policing at the time of Floyd’s murder impacted his family, as well as how people interact with and view police in Minnesota, he said.

“Each day I donned the uniform, I was truly trying to project an image for the profession as a whole, on how we should do it professionally, respectfully, and along the way, trying to build connections with our community members, because without their support, we can’t do what we do,” New said.

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He said he remembers a time when two women came to him furious with policing and disappointed by how they felt it failed the Black community. As a department, New said they leaned into the conversation with a listening ear. He said the department built relationships with the women, who now join them annually at National Night Out and have become friends.

“I think we’ve gotten to that place because we both decided to start from a place of listening and being patient and trying to understand how things were and are moving forward,” New said.

One thing New said he hopes is that ‘level-headed’ officers will have more prominent seats at the table when laws and efforts are being formed that involve law enforcement – something he said he’s noticed less of after Floyd’s murder.

“We were pushed to the sidelines, where many of our elected officials weren’t seeking the feedback of law enforcement,” New said.

Championing innovation and well-being

New said it’s important for law enforcement to feel supported in their mental health, and he encourages that every officer utilize a resource they are often provided through the job: “Every staff member in law enforcement needs to go to see a therapist once a year, just check in and see how things are going.”

To do the job well, support the community and show up for their families, Officers must prioritize their health, he said, which is an effort he’s championed in Eagan.

“Our goal is that we want people to be as mentally, physically and financially well on their last day of work as much as they are on their very first day of work,” New said.

Eagan’s police department has taken a proactive approach to innovation and technology, New said. The department was one of the first agencies to implement drones into operations, he said. They also have their own forensic lab and utilize talented people and unique software technology to help solve cases.

“Policing 30 years from now will look vastly different, and during my career, I’ve seen the technology boom occur right in front of our face,” New said. “It’s only going to continue to evolve, and I think it’s important to really recognize that and continue to be forward thinkers.”

Looking forward

New said he’s not retiring because he wants to, necessarily, but rather that he’s recognized he’s served his time and is ready to pass the mantel to other strong leaders.

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“It’s bittersweet,” New said, his voice showing the emotion. “I have a great sense of pride and respect for what I do and what we do in this profession. I thoroughly enjoy working in the Eagan community, but the time has come for me to step away.”

The first thing he’ll do as a retired chief is sleep, he said.

“As the chief of police, you have many, many sleepless nights, and to have that opportunity to get a full night’s rest, I’m kind of looking forward to that,” New said. “But I will thoroughly miss the people here at the police dpartment and in the community.”

New will serve in his role as Eagan’s Police Chief until the fall, as officials ensure a seamless and high-quality transition, according to the city.

By JOSH FUNK

Safety experts recommended Wednesday that the engines on Boeing’s troubled 737 Max airplanes be modified quickly to prevent smoke from filling the cockpit or cabin after a safety feature is activated following a bird strike.

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The problem detailed by the National Transportation Safety Board emerged after two bird strikes involving Southwest Airlines planes in 2023 — one in Havana, Cuba, and another in New Orleans. The Federal Aviation Administration and Boeing already warned airlines and pilots about the problem and the engine maker has been working on a fix.

The NTSB said that the engines CFM International makes for the Boeing plane can inadvertently release oil into the hot engine when the safety feature, called a load reduction device, is activated after a bird strike or similar engine issue. The resulting smoke feeds directly into either the cockpit or passenger cabin depending on which engine was struck.

Similar engine models with the same safety feature are also used on Airbus A320neo planes and C919 planes made by the Commercial Aircraft Corporation of China. The NTSB urged European and Chinese aviation safety regulators to evaluate those engine models to determine if they could also be susceptible to the smoke problem.

Safety device solved one problem but created another

The new safety device that CFM added to its engines solved one problem by limiting damage when an engine starts to come apart, but created a new problem by releasing the oil that burns and generates smoke.

“This is a case of an unintended consequence of a new and innovative safety idea where if the fan gets unbalanced that this is a way to alleviate the load and thereby doing less damage to the engine, the engine pylon, all of that,” said aviation safety expert John Cox, who is CEO of the Safety Operating Systems consulting firm.

CFM said in a statement that it is “aligned with the NTSB’s recommendations and the work is already underway, in close partnership with our airframers, to enhance the capability of this important system.” The company, which is a joint venture between GE Aerospace and Safran Aircraft Engines, confirmed it is working on a software update for the 737 Max’s engines and said it is evaluating similar engine models.

The NTSB investigated a December 2023 incident in which a Southwest Airlines plane struck a bird while taking off from New Orleans and had to land quickly after thick smoke filled the cockpit — even making it hard for the pilot to see the instrument panel or his copilot.

In an incident nine months earlier involving another Southwest 737 Max, smoke filled the cabin after a bird strike after takeoff in Havana.

Air from the left engine on a 737 Max flows directly into the cockpit while air from the right engine flows into the passenger cabin.

FAA says it will require airlines to implement a permanent fix when it’s available

While these incidents were both bird strikes, the NTSB said this could happen in certain other circumstances.

The FAA said in a statement that it agrees with the NTSB recommendations and when “the engine manufacturer develops a permanent mitigation, we will require operators to implement it within an appropriate timeframe.”

Pilots can act to limit smoke in the plane by manually cutting off airflow from the engines, but smoke can quickly start to fill the cabin within a few seconds. The engine manufacturer is working on a software update that should do that automatically, but that’s not expected to be ready until sometime in the first quarter of next year.

The NTSB said in its report that several pilots who fly Boeing 737s told investigators they weren’t aware of these incidents despite the efforts Boeing and FAA have made. NTSB said “it is critical to ensure that pilots who fly airplanes equipped with CFM LEAP-1B engines are fully aware of the potential for smoke in the cockpit.”

Boeing and Airbus didn’t immediately respond to requests for comment.

A Southwest spokesperson said the airline has been in close contact with the FAA, Boeing and the engine maker since the incidents and notified its pilots after they happened. The spokesperson said the airline continues to address the issue through its training and safety management systems.

Persistent troubles for the 737 Max

The Boeing 737 Max planes have been the focus since they were involved in both incidents, and there has been a history of other problems with that plane.

The Max version of Boeing’s bestselling 737 airplane has been the source of persistent troubles for Boeing after two of the jets crashed. The crashes, one in Indonesia in 2018 and another in Ethiopia in 2019, killed 346 people.

The problem in those crashes stemmed from a sensor providing faulty readings that pushed the nose down, leaving pilots unable to regain control. After the second crash, Max jets were grounded worldwide until the company redesigned the system.

Last month, the Justice Department reached a deal to allow Boeing to avoid criminal prosecution for allegedly misleading U.S. regulators about the Max before the two crashes.

Worries about the plane flared up again after a door plug blew off a Max operated by Alaska Airlines, leading regulators to cap Boeing’s production at 38 jets per month. The NTSB plans to meet next Tuesday to discuss what investigators found about that incident.

By CHRIS MEGERIAN and DARLENE SUPERVILLE

WASHINGTON (AP) — The American flag has long flown from a pole on the White House roof, but that’s always been too small for President Donald Trump, who wants everything to be bigger and more beautiful.

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On Wednesday, massive new flagpoles were erected on the North and South Lawns of the White House.

“It’s such a beautiful pole,” Trump said as workers used a crane to install the latest addition to the South Lawn. He returned to the same spot later in the day, saluting as the stars and stripes were hoisted for the first time.

The second pole, on the North Lawn, is close to Pennsylvania Avenue. The two poles are the most notable exterior modification to the White House since Trump returned to the presidency with grand ideas for remaking the building.

He’s already updated the Oval Office, adding gold accents, more portraits and a copy of the Declaration of Independence. Workers have begun paving over the grass in the Rose Garden, and there are plans to construct a new ballroom somewhere on the White House grounds. The changes bring the iconic building more in line with Mar-a-Lago, Trump’s private club in Florida.

The president made time to watch one of the flagpole installations despite the escalating conflict between Iran and Israel, plus questions of whether the U.S. would become directly involved.

“I love construction,” said Trump, who made his mark as a New York real estate developer. “I know it better than anybody.”

He talked about how the pole went down nine feet deep for stability, and the rope would be contained inside the cylinder, unlike the one at Mar-a-Lago. When the wind blows, “you hear that rope, banging.”

“This is the real deal,” he said. “This is the best you can get. There’s nothing like this.”