In November, Asian News International (ANI), India's largest news agency, filed a lawsuit against OpenAI, alleging unauthorized use of its copyrighted material to train the AI chatbot, ChatGPT. ANI is seeking damages amounting to 20 million rupees ($230,000; £185,000) from OpenAI. The lawsuit claims that ChatGPT has falsely attributed statements to ANI, thereby damaging the agency's credibility and misleading the public. Despite OpenAI's efforts to mitigate this issue, ANI asserts that the chatbot continues to access its content from subscriber websites.
OpenAI, however, denies these allegations, stating that it only utilizes "publicly available data" in accordance with "widely accepted legal precedents." This case holds particular significance for OpenAI given its plans to expand further into the Indian market. The Delhi High Court is currently hearing the case, though no other publishers' applications to join the lawsuit have been admitted as of now.
The Digital News Publishers Association (DNPA) and three other media outlets have submitted similar applications to be part of the case. Additionally, the Federation of Indian Publishers, claiming to represent 80% of Indian publishers, has also filed an application to join the lawsuit. OpenAI contends that the court should not hear the case since neither the company nor its servers are located in India.
The outcome of this legal battle could have far-reaching consequences for AI models and their use of copyrighted content for training. The Indian government has already shown an inclination towards regulating AI, and this case could play a pivotal role in shaping the country's AI ecosystem. Meanwhile, the European Union's recent approval of a law to regulate AI may also influence proceedings.
"India is an incredibly important market for AI in general and for OpenAI in particular." – Sam Altman
The stakes are high for both parties. A ruling in ANI's favor could set a precedent that defines how AI models will operate in the future and what copyrighted news content can be used for training AI generative models like ChatGPT.
"A court ruling in ANI's favour could define how these AI models will operate in the future and what copyrighted news content can be used to train AI generative models [like ChatGPT]." – Vibhav Mithal
Conversely, a decision favoring OpenAI might lead to greater freedom in using copyrighted protected data for training AI models.
"But a ruling in OpenAI's favour will lead to more freedom to use copyrighted protected data to train AI models," – Vibhav Mithal
As the Delhi High Court reviews this case, other publishers eye potential participation. The DNPA and various media outlets seek inclusion, reflecting broader industry concerns about AI's impact on journalism and intellectual property rights. The Federation of Indian Publishers' involvement underscores the case's national significance, representing a substantial portion of the Indian publishing sector.
OpenAI has maintained that chatbots do not substitute for news subscriptions or serve such purposes.
"Chatbots are not a substitute for news subscriptions and are not used for such purposes." – OpenAI
While OpenAI argues jurisdictional issues due to its non-presence in India, the international implications of this lawsuit cannot be overlooked. A decision by the Delhi High Court could hold persuasive value in similar cases worldwide.
"A decision by any court would also hold some persuasive value for other similar cases around the world," – Vibhav Mithal
The broader implications for AI regulation are significant. If India decides to impose stringent regulations following this case, it could influence global practices and policies regarding AI and intellectual property. The European Union's new AI regulation law might serve as a reference point or catalyst for such developments in India.