About the Case

OpenAI, the developer of ChatGPT, has filed a response in the Delhi High Court to ANI’s copyright infringement suit, contending that Indian courts lack jurisdiction over the matter. ANI’s claim arises from alleged unauthorized use of its content by OpenAI’s ChatGPT platform.

Details of the Dispute

• Jurisdictional Argument: OpenAI asserts that neither its servers nor its operations are based in India, and mere accessibility of ChatGPT within the country does not establish jurisdiction.
• Conflict of Laws: OpenAI highlights that deleting training data, as sought by ANI, would violate US federal laws on evidence preservation, given OpenAI’s ongoing litigation with The New York Times.
• Commercial Courts Act: OpenAI argues the suit includes claims like defamation, which fall outside the ambit of “commercial disputes” as defined by the Act.
• Terms of Use: OpenAI claims ANI, by using ChatGPT, agreed to arbitration in San Francisco, California, as stipulated in its terms of use, thereby waiving the right to pursue this case in India.

Copyright and Defamation Claims

• Copyright: OpenAI contends that Indian copyright law protects expressions of ideas but not the underlying facts or ideas themselves. It argues that training its Large Language Model (LLM) using publicly available data is a fair use and not a substantial reproduction of original works.
• Transformative Use: OpenAI claims its model analyzes patterns, generating unique and original text based on user prompts rather than copying data verbatim.
• Defamation Allegations: OpenAI refutes ANI’s defamation claims, arguing that “hallucinations” generated by ChatGPT are not actionable as ANI has not demonstrated actual harm or damage to its reputation.

OpenAI’s Broader Arguments

• The organisation emphasizes ChatGPT’s transformative benefits to society and its role in advancing knowledge.
• It highlights ANI’s alleged attempts to manipulate ChatGPT by feeding specific prompts to recreate its content, which OpenAI claims demonstrates the AI’s originality and adaptability.
• OpenAI urges the Court to dismiss ANI’s suit, asserting that the claims lack merit under Indian copyright law and fail to establish harm or actionable infringement.

Next Steps

The Delhi High Court is set to hear the case on January 28, 2025, where jurisdictional issues and the substantive claims will be considered further.

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Stay tuned for updates on this evolving legal battle!