To rewind, authors and publishers have gained access to Slack messages between OpenAI’s employees discussing the erasure of the datasets, named “books 1 and books 2.” But the court held off on whether plaintiffs should get other communications that the company argued were protected by attorney-client privilege.

In a controversial decision that was appealed by OpenAI on Wednesday, U.S. District Judge Ona Wang found that OpenAI must hand over documents revealing the company’s motivations for deleting the datasets. OpenAI’s in-house legal team will be deposed.

At stake: Billions of dollars and, potentially, OpenAI’s defense in the case. The communications could help prove what’s known as “willful” infringement, which triggers significantly higher damages of $150,000 per work. And if it’s found that the company destroyed the evidence with potential litigation in mind, the court could direct juries in later trials to assume it would’ve been unfavorable for OpenAI.

“OpenAI has waived privilege by making a moving target of its privilege assertions,” Wang wrote. She added, “OpenAI has gone back-and-forth on whether ‘non-use’ as a ‘reason’ for the deletion of Books1 and Books2 is privileged at all. OpenAI cannot state a ‘reason’ (which implies it is not privileged) and then later assert that the ‘reason’ is privileged to avoid discovery.”