Upon the stipulation of the parties, the following protocol will apply to the preparation, transfer, and/or use of the dataset titled `cc-en-colang-v2-20220131-metadata` (“the dataset”) natively produced by Defendants OpenAI, Inc., OpenAI, L.P., OpenAI OpCo, L.L.C., OpenAI GP, L.L.C., OpenAI Startup Fund GP I, L.L.C., OpenAI Startup Fund I, L.P., and OpenAI Startup Fund Management, LLC.

1. For purposes of this Security Protocol, “Inspecting Party” shall have the same definition as provided in the Stipulated Inspection Protocol (Dkt. No. 182 ¶ 2).

2. Nothing in this Security Protocol shall alter or change in any way the requirements of the Stipulated Protective Order or Training Data Inspection Protocol. In the event of any conflict, however, this Security Protocol shall control for the dataset.

3. OpenAI’s preparation and production of the dataset shall be subject to the following provisions:

a. [REDACTED]

[REDACTED]

c. To aid in the detection of any unauthorized access or distribution, [REDACTED]

d. [REDACTED] Transmission shall not take place until after the Inspecting Party executes and returns the Acknowledgment and Certification attached as Exhibit A.

4. The Inspecting Party’s storage and use of the dataset will be subject to the following provisions:

a. [REDACTED]

b. [REDACTED]

c. For clarity, and without any effect to construe or limit any of the terms herein, [REDACTED]

[REDACTED]

5. The Inspecting Party's end-user access and analysis of the dataset will be subject to the following provisions:

[REDACTED]

b. [REDACTED]

c. [REDACTED]

d. [REDACTED]

e. [REDACTED]

f. [REDACTED]

6. To avoid any doubt, access to the dataset is also governed by the Stipulated Protective Order. See, e.g., Dkt. 106 at ¶ 7.3.

7. [REDACTED]

8. Other than as provided in this Protocol, the Inspecting Party will not copy, remove, or otherwise transfer the dataset [REDACTED], including, without limitation, copying, removing, or transferring the dataset onto any recordable media or recordable device. In order to facilitate the reasonably necessary use of dataset records in this litigation (e.g., for use in court filings, expert reports, deposition, or trial), the Inspecting Party may presumptively export up to [REDACTED] (uncompressed) of data from the dataset. The Inspecting Party may request an increase in this presumptive limit, and Defendants shall not unreasonably withhold consent. Upon export from [REDACTED], all such exports must be presumptively labeled as HIGHLY-CONFIDENTIAL ATTORNEYS’ EYES ONLY and treated accordingly under the Stipulated Protective Order (unless and until such confidentiality designation is modified). Within seven business days of any such export, the Inspecting Party shall Bates number and produce an electronic copy to Defendants.

9. Notwithstanding any provisions of this Protocol or the Stipulated Protective Order entered on February 15, 2024, the Parties reserve the right to amend this Protocol either by written agreement or Order of the Court upon showing of good cause.

10. The designation of this Protocol as Highly Confidential - Attorneys’ Eyes Only shall not be construed as a concession made by or position taken by either party as to the necessity or propriety of so-designating anything else. OpenAI’s agreement to this protocol shall not be construed as—and is not—a concession or admission that the same or similar Security Protocol would be appropriate for any other dataset.

IT IS SO ORDERED.

EXHIBIT A

ACKNOWLEDGMENT AND CERTIFICATION

I, _____________________________ [print or type full name], of ________________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Joint Stipulation re: Security Protocol for Production of Training Dataset (“Security Protocol”) that was issued by the United States District Court for the Northern District of California on __________ [date] in the case of Tremblay v. OpenAI, Inc., et al., Lead Case Number: 3:23-cv-03223-AMO, and that I have verified that all relevant accounts, devices, and network settings have been configured consistent with the terms of this Security Protocol. 

I agree to comply with and to be bound by all the terms of this Security Protocol, including without limitation ensuring that all relevant accounts, devices, and network settings are configured consistent with the terms of this Security Protocol, and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. 

I further agree to submit to the jurisdiction of the United States District Court for the Northern District of California for the purpose of enforcing the terms of this Security Protocol, even if such enforcement proceedings occur after termination of this action. 

I hereby appoint _____________________________ [print or type full name] of ______________________________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Security Protocol. 

Date: _________________________________ 

City and State where sworn and signed: _________________________________ 

Printed name: ______________________________
        [printed name] 

Signature: __________________________________
     [signature]