On 19th November, 2024, the Delhi High Court Single Judge Bench of Justice Amit Bansal issued summons to OpenAI in response to Asian News International's (ANI) claims of improper use of its material for training and operating chat gpt.

This marks the first instance of an Indian media organisation suing OpenAI for alleged copyright infringement. ANI had filed a lawsuit in the Delhi High Court, accusing OpenAI, the creator of ChatGPT, of unauthorized use of its original news content.

Justice Amit Bansal refused to grant any interim relief, emphasising that the case involves a broad spectrum of issues, including complexities arising from recent technological advancements and their impact on copyright laws. Highlighting the significance of the matter, particularly concerning the use of publicly available content by AI models like ChatGPT, the High Court expressed its intent to appoint an amicus curiae to assist in the proceedings. Additionally, the Court issued a notice to OpenAI in response to ANI's application seeking interim directions against ChatGPT.

The court noted that OpenAI had already blocked ANI's official website to prevent its content from being utilised by ChatGPT. The Court also recorded the submission by OpenAI's counsel, confirming that the company had removed links and restricted access to ANI's content, including materials available on the agency's official website.

Recently, the New York Times also initiated legal action against OpenAI, alleging unauthorised use of its content to train AI models. Similar lawsuits have been filed against Microsoft’s Copilot and Google’s Bard AI, raising concerns about the use of copyrighted material by AI platforms. 

During the hearing, the court enquired whether any legal actions had been brought against the AI platform outside India. In response, Senior Advocate Amit Sibal, representing OpenAI, stated that ANI's lawsuit was the first of its kind in India. He further informed the court that since 2022, OpenAI has faced lawsuits in the United States as well as other jurisdictions raising similar issues. However, there is no authoritative ruling as on date. 

Advocate for the Petitioner: Adv Sidhant Kumar 

Advocate for the Respondent: Sr. Adv. Amit Sibal, along with the team from Khaitan & Co.

Case Details: ANI Media Pvt. Ltd. v. OpenAI Inc & Anr., CS (COMM) 1028/2024