The laws still look completely different in US and EU though. EU has stronger protections and directives on privacy and weaker supremacy of IP owners. I do not believe lawyers in any copyright case would get access to user data in a case like this. There is also a gap in the capabilities and prevalence of govt to force individual companies or even employees to insert and maintain secret backdoors with gag orders outside of court (though parts of the EU seem to be working hard to close that gap recently...).
[0]: Using it to derive baking recipes is not the same as using it to directly draft personal letters. Using it over VPN with pseudonym account info is not the same as using it from your home IP registered to your personal email with all your personals filled out and your credit card linked. Running a coding agent straight on your workstation is different to sandboxing it yourself to ensure it can only access what it needs.
Based on what? Keep in mind that the data is to be used for litigation purposes only and cannot be disclosed except to the extent necessary to address the dispute. It can't be given to third parties who aren't working on the issue.
> There is also a gap in the capabilities and prevalence of govt to force individual companies or even employees to insert and maintain secret backdoors with gag orders outside of court
There's no secret backdoor here. OpenAI isn't being asked to write new code--and in fact their zero-data-retention (ZDR) API hasn't changed to record data that it never recorded in the first place. They were simply ordered to disable deletion functionality in their main API, and they were not forbidden from disclosing that change to their customers.
Users should stop sending information that shouldn't be public to US cloud giants like OpenAI.