No copyright in news that is freely available, OpenAI tells Delhi HC...
AI company Open AI on Tuesday pushed back against news agency ANI’s allegations that the company was violating its undertaking regarding the use of the latter’s content to train its ChatGPT software, asserting that the same was being used for search, which was different from training.
OpenAI's Response
In November, OpenAI had submitted before the Delhi High Court that it had already blocklisted ANI’s domain in October, to prevent the use of new agency’s content by its AI chatbot. Open AI, represented by senior advocate Amit Sibal, submitted before a bench of Justice Amit Bansal that using ANI’s content for search did not amount to infringement, since the results did not “reproduce” ANI’s material.
The lawyer argued that his client’s acts of using publicly available data for non-expressive purposes to train its software did not amount to infringement, since there cannot be a copyright in the news that is freely available. Sibal stated, “No copyright in news that is freely available.”
ANI's Allegations
This was after ANI, represented by advocate Siddhant Kumar, urged the high court to pass a favorable ruling in its copyright infringement suit filed against OpenAI. Kumar asserted that the company, despite its undertaking, was scraping content shared on its subscriber's website to train its ChatGPT software and generate responses, which according to ANI, amounted to infringement of its copyright.
ANI demanded that OpenAI stop using its content, delete stored material, and contended that OpenAI had trained its language model using ANI’s content without a proper license, thereby exploiting its work for commercial gain.
Legal Implications
The case has drawn significant attention with various industry groups supporting ANI’s position. The outcome of this case is expected to have a significant impact on how copyright laws apply to AI-generated content and the protection of news agencies' original work in the digital age.
OpenAI has struck deals with News Corp, Guardian, and several other publishers around the world to use their content for training and including them in ChatGPT’s responses. However, it has not struck any such deals in India.
Court Proceedings
In November, the High Court issued summons to OpenAI but refrained from immediately restraining it from using ANI’s content after the company informed the court that it had already blacklisted ANI’s domain in October to prevent further use of its news. The court also appointed amici curiae, acknowledging that the case raised complex legal questions in light of new technological advancements.
The next hearing is scheduled for March 28. OpenAI, in its January reply, urged the court to dismiss the case, arguing that courts in California had exclusive jurisdiction over the matter. It also reiterated that it uses data in a “non-expressive” manner. However, on January 28, the High Court declined to rule on jurisdiction separately and decided to hear arguments on both jurisdiction and merits together.
