Delhi high court summons OpenAI as ChatGPT faces copyright infringement allegations

In a landmark case addressing the intersection of artificial intelligence and copyright law, the Delhi High Court has taken up India’s first copyright lawsuit involving OpenAI. The dispute, initiated by news agency ANI, accuses OpenAI’s AI tool, ChatGPT, of unlawfully utilizing ANI's copyrighted content for training purposes.

Given the unprecedented nature and far-reaching implications of the case, the court has appointed an amicus curiae—a neutral legal expert—to assist in analysing the intricate legal issues surrounding copyright and artificial intelligence. OpenAI has been served a notice to respond to ANI’s request for temporary relief.

Representing ANI, advocate Sidhant Kumar contended that OpenAI had improperly used the agency’s exclusive news content, which is accessible only to its paid subscribers, in training ChatGPT. He also claimed that ChatGPT occasionally attributes false statements to ANI, leading to the dissemination of misinformation.

“This is not just about private rights being infringed; it’s about public harm,” Kumar argued, adding that such inaccuracies erode trust in ANI’s reporting and undermine the agency’s revenue model. Kumar questioned why subscribers would continue paying for exclusive content if it could be freely accessed through ChatGPT.

Senior advocate Amit Sibal, appearing for OpenAI, challenged the court’s jurisdiction over the matter, pointing out that OpenAI operates globally with no servers or offices in India. He argued that copyright laws protect the specific expression of ideas, not facts or general information, and highlighted that ChatGPT neither stores nor reproduces exact content from ANI.

“News forms only a small fraction of the data used to train ChatGPT, and ANI’s contribution is even smaller,” Sibal stated. He emphasized that OpenAI provides mechanisms for content owners to block their materials from being accessed and has consistently operated with transparency.

Sibal also defended OpenAI’s efforts to mitigate misinformation, asserting that inaccuracies are rare and that the platform’s disclaimers openly acknowledge its limitations.

The court raised concerns about allegations of misinformation and its potential societal impact. While OpenAI’s counsel argued that such occurrences are infrequent, ANI’s legal team maintained that even isolated instances of false information could damage credibility and public trust.

Justice Amit Bansal, however, refrained from issuing a temporary injunction, stating that the matter requires a deeper legal examination. “The complexities of this case extend beyond conventional copyright law,” he observed.

Both parties have been instructed to file detailed submissions addressing the key issues in the case. Meanwhile, the amicus curiae will present an independent report analysing the broader legal and ethical implications of AI-driven technologies like ChatGPT.

The next hearing is scheduled for January 28, 2025, marking a pivotal moment in India’s legal approach to artificial intelligence and intellectual property rights.