[alwa]

This would help explain why entities with a “zero data retention” agreement are “not affected,” then, per OpenAI’s statement at the time? Because records aren’t created for those queries in the first place, so there’s nothing to retain?

[kopecs]

AIUI Because if you have a zero data retention agreement you are necessarily not in the class of records at issue (since enterprise customers records are not affected, again AIUI per platinffs' original motion which might be because they don't think they're relevant for market harm or something).

So I think that this is more so an artefact of the parameters than an outcome of some mechanism of law.