This is true in services like Datadog, New Relic, and logging services like Splunk. But even privacy-focused services like Mullvad keep logs for 24 hours to monitor for abuse. So this concept that retaining logs is significantly weaker than not ordering the collection is really a bit of misdirection. I'm not sure whether it's intentional, but it's definitely misleading.
It’s not misdirection or misleading; it lies in an understanding of the law. There’s plenty of case law out there on the subject if you’re interested.
So in this case not keeping logs as ordered by the court would be contempt of court.
There is a separate higher-tier private API customers can pay for that never had logging enabled, and the court did not force the company to add it.
There is nothing in the article that mentions OpenAI being forced to create new logs they don't already have.