Asian News International (ANI) has reportedly filed a lawsuit against OpenAI, accusing its AI chatbot, ChatGPT, of using ANI's copyrighted content without permission to train its model. ANI claims that OpenAI is exploiting its original news content for commercial gain, arguing that simply because the content is publicly available, it doesn't grant OpenAI the right to use it, as reported by Bar and Bench.
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ANI Accuses OpenAI
The Delhi High Court on Tuesday reportedly issued summons to OpenAI in a suit filed by the ANI over the alleged unauthorised use of its content by the American artificial intelligence company to train and operate ChatGPT. ChatGPT is an AI chatbot developed by OpenAI that answers queries of its users.
"ChatGPT works as a digital assistant, capable of learning from interactions and adapting its behaviour to meet user preferences, making it a versatile tool for both personal and professional use," the chatbot reportedly said in response to a query from the publication.
Misinformation Raises Concerns
The lawsuit also highlights instances where ChatGPT has allegedly attributed false information to ANI, such as falsely citing an interview with Rahul Gandhi, which ANI says never took place. This, ANI argues, could harm its reputation and contribute to the spread of fake news.
OpenAI Defends Its Data Usage Practices
According to the report, OpenAI's advocate defended the AI's operations, stating that it uses publicly accessible data to train the model, but does not store or reproduce specific content. The advocate emphasised that copyright laws protect expression, not facts, and argued that ANI has failed to show any instance of direct reproduction of its material by ChatGPT.
OpenAI's advocate also stated that the OpenAI chatbot has no server located in India and does not reproduce any material from ANI in India, according to the report.
ANI's suit is reportedly the first instance in which an Indian media house has sued OpenAI for alleged copyright violation. The case follows similar lawsuits against OpenAI in the US, Canada, and Germany. OpenAI has offered to block ANI's website so that its data is not collected by the ChatGPT. However, ANI noted that there was a practical difficulty in a case of a news wire since its content is reproduced by other websites or news organisations.
First Legal Action in India Against ChatGPT
Recently, The New York Times sued OpenAI for the unauthorised use of its content to train its platforms. A Senior Advocate representing OpenAI, submitted that ANI's suit is the first case against ChatGPT in India. There have been 13 lawsuits against OpenAI in the USA, two in Canada and one in Germany since 2022, but no injunction has been granted against the chatbot, the report said.
Explaining how ChatGPT functions, the Senior Advocate for OpenAI reportedly said, "The data is collected. News is a minuscule proportion of it. I want to again clarify that when a query is made the software learns from the information accessed but it never accesses a database to answer a query. The matter is complex. It has been never addressed by any court in India."
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Given the significance of the issue, especially regarding copyright and the use of publicly available content by AI models like ChatGPT, the Court announced it would appoint an amicus curiae in the case. The Court also issued a notice to OpenAI regarding ANI's application, which seeks interim directions against ChatGPT.
