2024-11-24 17:47:29 :
ANI v. OpenAI: What’s the situation?
On November 19, ANI filed a copyright infringement lawsuit against OpenAI, accusing the company of using its copyrighted materials to train its language model. The suit was filed in the Delhi High Court seeking compensation $2 Crore and an injunction prohibiting OpenAI from storing, publishing, copying or using ANI’s copyrighted works.
ANI’s request outlines three main reasons for taking action against OpenAI.
- OpenAI allegedly used copyrighted content published by ANI without authorization to train its large language model (LLM).
- ANI cited examples of responses generated by ChatGPT that were either verbatim or substantially similar to its copyrighted material.
- ANI raised concerns about “hallucinatory” responses, in which ChatGPT falsely attributes fabricated interviews or news reports to the agency. ANI believes that this misuse of its content not only infringes its copyright but also raises significant public interest concerns, particularly in the context of fake politics. News that could have far-reaching consequences.
How has Open AI responded?
OpenAI denies any wrongdoing, claiming copyright law protects the expression of an idea, not the facts or ideas themselves. The company emphasized that ANI did not cite specific instances of ChatGPT copying its copyrighted material.
OpenAI informed the Delhi High Court that it had blacklisted ANI’s domain names in October 2024, ensuring that ANI’s materials are no longer used to train its models.
The company also emphasized that its servers are located outside India and argued that this made the lawsuit irrelevant. OpenAI also noted that none of the lawsuits it has faced globally, including in the United States, Canada and Germany, have resulted in copyright infringement injunctions or rulings.
A spokesperson for OpenAI said in a statement: “…we build AI models using publicly available data in a way that is protected by fair use and related principles, and supported by long-standing and widely accepted legal precedent. “
What have the courts said so far?
A bench of the Delhi High Court, headed by Justice Amit Bansal, issued notice and summons to OpenAI but refused to grant an interim injunction in favor of ANI.
The court acknowledged the complexity of the case, the first of its kind in India, and stressed the need for detailed deliberation. The court has appointed an amicus curiae (an expert in the field to assist the court) and has scheduled the next hearing for January 28, 2025.
What does this case mean for AI regulation in India?
Experts believe that the outcome of the case may establish a legal framework in India to regulate artificial intelligence content, especially with regard to copyright infringement. If the court rules against OpenAI, it could set a precedent for stricter rules on using copyrighted content to train AI models.
“ANI’s lawsuit against OpenAI marks a critical moment in the generation of artificial intelligence jurisprudence in India. The case highlights the growing tension between artificial intelligence innovation and intellectual property protection.” said Amit Panigrahi, partner at Luthra & Luthra Law Firm in India.
Advocate Ayush Jindal, founder of BeLegal, added that the case should set guidelines for the ethical use of copyrighted content to train AI models. “It can also determine whether Indian copyright law considers AI-generated outputs to be derivative works,” he said.
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Ameet Datta, partner at law firm Saikrishna & Associates, added that even the Delhi High Court’s interim judgment will have a significant impact on the deployment of artificial intelligence in India. “This case asks an Indian court to decide whether the unauthorized scraping and use of copyrighted content for AI training constitutes copyright infringement, and whether AI output based on such data also infringes copyright.”
Latha R. Nair, partner at K&S Partners, explained that Indian copyright law lacks exceptions for text and data mining that are critical for machine learning, and this case may prompt changes to the law.
What key AI and copyright-related issues could this case address?
As the first case of its kind in India, the ruling is expected to address several key issues surrounding copyright and artificial intelligence:
- Whether grabbing and using copyrighted content for training AI models without authorization constitutes copyright infringement.
- Whether such use can be considered “fair dealing” under Indian copyright law, which allows exceptions for purposes such as research, criticism or reporting. This will test the boundaries of what is allowed within the existing copyright framework.
- Whether the concept of “transformative use” recognized under US copyright law can be applied to Indian jurisprudence. Transformative use generally allows for a defense where the original work has been materially altered or repurposed, which raises important questions about its relevance to the Indian equitable use defense.
Swati Sharma, partner and head of intellectual property at Cyril Amarchand Mangaldas, explained: “This case is likely to resolve whether downloading and copying copyrighted content used for AI training constitutes infringement, whether the AI model or its output can be considered Derivative works, and issues such as whether it is fair use” may serve as a defense to such claims. “
Ronil Goger, managing partner at Blaze Legal, added that legislation and court rulings must clarify the originality criteria for AI-generated works, adding that the UK, US and Canada prioritize efforts over novelty and acknowledge the role of human creativity in production The collaborative role in AI-driven content.
How does this case empower publishers?
First, ANI’s case against OpenAI “may open the door for more publishers to file lawsuits for copyright infringement,” Cyril Amarchand Mangaldas’ Sharma said. “Many may also consider intervening in the current proceedings.”
Luthra & Luthra’s Panigrahi added that the outcome of the case could increase regulatory scrutiny, burden AI companies and encourage licensing agreements with content creators.
What role does OpenAI play in global litigation?
OpenAI noted that it has been sued for copyright infringement in 13 countries, but none of those cases resulted in a ban.
For example, the U.S. District Court for the Southern District of New York recently dismissed a Digital Millennium Copyright Act claim brought by Raw Story Media Inc. against OpenAI. Raw Story claimed that its copyrighted news was plagiarized and used to train ChatGPT, resulting in potential plagiarism in responses.
The court ruled that Raw Story failed to prove that there was a substantial risk that ChatGPT would make verbatim copies of its work. The court noted that ChatGPT synthesized a large amount of information that made specific plagiarism unlikely and dismissed the copyright infringement claim.
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OpenAI’s main defense in the ANI case was jurisdiction, arguing that its business was not conducted in India. The company may also rely on “fair use” and “transformative use” arguments, arguing that the AI output is not an exact copy of the original work and often adds new meaning or expression.
Sohini Mandal, founder of Nilaya Legal, explains: “Fair use and transformative use are at the core of OpenAI’s global defense. If it is transformative enough and does not replace the original work, a court may conclude that the use is fair. “
What about the New York Times accusations against OpenAI?
The most prominent case challenging OpenAI’s language model is the lawsuit filed by the New York Times in the United States. The Times accused OpenAI of using its copyrighted articles without authorization to train its models and accused it of stealing its content for profit.
The case remains to be decided. But the New York Times lawsuit against OpenAI and other similar cases around the world could affect the future of artificial intelligence regulation and copyright law, setting a global precedent for how to train artificial intelligence models and protect intellectual property in the digital age.
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