In a recent submission to the Delhi High Court, OpenAI, the Microsoft-backed AI company, has contested the jurisdiction of Indian courts in the ongoing copyright infringement lawsuit filed by Asian News International (ANI). OpenAI argued that it does not have a physical presence in India, and its servers, which store the data used for training its AI models, are located outside the country. This key point was part of an 86-page submission made by OpenAI on January 10, 2025.
ANI’s lawsuit, filed in November 2024, accuses OpenAI of using its content without permission to train its popular ChatGPT tool. The news agency is seeking ₹2 crore in damages and the removal of its material from OpenAI’s systems. The dispute is particularly significant as it highlights the larger global conversation about copyright and AI, with legal experts noting that the outcome could set substantial precedents for the regulation of AI platforms in India.
OpenAI’s primary defense centers on jurisdictional issues, claiming that "the relief being claimed by ANI was not subject to the processes of Indian courts and was beyond their jurisdiction." The company emphasized that it does not maintain any office or permanent establishment in India, and all data used for training its AI models is stored on servers outside the country.
Further complicating the matter, OpenAI noted that it cannot comply with ANI’s request to remove its content from ChatGPT due to legal obligations in the United States. "OpenAI is therefore under a legal obligation, under the laws of the United States to preserve, and not delete, the said training data," the company stated in its submission. This response is in line with the ongoing legal battles OpenAI is facing in the United States, including lawsuits filed by major media companies like The New York Times, who accuse OpenAI of using their content to train its models without permission.
The crux of ANI's complaint lies in the assertion that ChatGPT reproduces its articles verbatim or in substantially similar form, potentially violating copyright laws and impacting ANI's competitive position in the news industry. However, OpenAI has consistently denied these allegations, arguing that the use of publicly available data constitutes "fair use" under copyright laws.
This case is particularly noteworthy given India’s growing prominence as the second-largest user base for ChatGPT after the United States, with over 20 crore weekly active users. Legal experts suggest that the decision in this case may have significant implications for how AI systems are regulated in India, particularly in terms of copyright concerns.
ANI, which is partially owned by Reuters, has maintained that the Delhi High Court holds jurisdiction over the case and plans to file a detailed response to OpenAI’s arguments. The next hearing is scheduled for January 28, 2025, and it is expected to attract considerable attention due to the far-reaching implications for AI and copyright law.
Picture Source :
