OpenAI has responded to ANI’s allegations that its ChatGPT software reproduces content verbatim from ANI’s articles. During a hearing in the Delhi High Court, OpenAI’s lawyer, Senior Advocate Amit Sibal, argued that the model avoids verbatim reproduction. He stated that ChatGPT’s advanced capabilities make such reproduction impossible. “If OpenAI’s model regurgitated content, it would defeat the purpose of our software,” Sibal explained.
No Copyright Infringement, Claims OpenAI
Sibal argued that Indian copyright laws do not apply to OpenAI’s practices. He pointed out that the data used for training ChatGPT is stored on servers outside India, where such activities are lawful. According to Sibal, the Copyright Act applies only within India’s jurisdiction. “Training data used in the pre-training process is also not stored in India and is stored on servers outside India. No part of training or alleged storage is taking place in India and where it is being done is not unlawful. The copyright acts extend to the whole of India, but it does not extend outside India,” he said. He further stated that OpenAI only uses non-expressive elements of the data for non-expressive purposes, which does not violate Indian copyright law.
Industry Reaction and Legal Implications
Several industry groups, including the Indian Music Industry and the Digital News Publishers Association, support ANI’s stance. They believe that OpenAI’s actions could set a concerning precedent for how copyright laws apply to AI-generated content. ANI’s lawsuit claims that OpenAI used its content without permission for commercial purposes. However, OpenAI counters that using data to generate responses does not infringe copyright. The law does not prohibit using factual information.
The Delhi High Court previously issued summons to OpenAI but did not immediately stop it from using ANI’s content after the company blacklisted ANI’s domain in October 2023. The court appointed amici curiae to address the complex legal questions, especially considering technological advancements.
What’s Next for OpenAI?
The next hearing is set for April 2, when Sibal will continue presenting OpenAI’s defense. OpenAI has also claimed that California courts have exclusive jurisdiction in this case. The High Court declined to rule on jurisdiction separately, deciding to hear both jurisdiction and merit-based arguments together. ANI insists that OpenAI’s actions constitute copyright infringement by scraping its content from subscriber websites.
This case’s outcome will likely set a significant precedent in determining how copyright laws apply to AI-generated content and content creators’ rights in the digital age.
Source: Hindustan Times