Courts have always had the power to compel parties to a current case to preserve evidence. (For example, this was an issue in the Google monopoly case, since Google employees were using chats set to erase after 24 hours.) That becomes an issue in the discovery phase, well after the defendant has an opportunity to file a motion to dismiss. So a case with no specific allegation of wrongdoing would already be dismissed.
The power does not extend to any of your hypotheticals, which are not about active cases. Courts do not accept cases on the grounds that some bad thing might happen in the future; the plaintiff must show some concrete harm has already occurred. The only thing different here is how much potential evidence OpenAI has been asked to retain.
The power does not extend to any of your hypotheticals, which are not about active cases. Courts do not accept cases on the grounds that some bad thing might happen in the future; the plaintiff must show some concrete harm has already occurred. The only thing different here is how much potential evidence OpenAI has been asked to retain.