The Delhi High Court announced on Tuesday that it will commence detailed hearings on February 21 regarding the copyright infringement lawsuit brought by ANI Media, a media company based in New Delhi, against OpenAI, the San Francisco-based AI research organization. This case represents the first copyright dispute involving OpenAI in India, with ANI alleging that the company utilized its copyrighted content to train its large language models (LLMs), including the popular ChatGPT. Additional hearings are scheduled for March 11 and March 18.
Justice Amit Bansal, presiding over the single bench, has also requested OpenAI’s response to applications from the Federation of Indian Publishers and the Digital News Publishers Association, which are seeking to intervene in the proceedings. The case will delve into significant legal questions surrounding generative artificial intelligence (GenAI), particularly concerning how India will regulate AI technologies in relation to copyright infringement. This lawsuit follows a series of similar challenges against OpenAI worldwide, including actions from major media organizations like The New York Times, which is pursuing billions in damages for the alleged unauthorized use of its archives to train AI models.
The outcome of this case could have far-reaching implications for OpenAI’s operations in India, which represents approximately 9.5% of ChatGPT’s 300 million weekly active users, equating to around 28.5 million users. India is on track to become a significant hub for artificial intelligence, with its AI sector expected to experience substantial growth by 2027. A report by Nasscom-EY predicts that India’s AI market will grow at a compound annual growth rate (CAGR) of 25-35%, reaching $22 billion by 2027, up from its current valuation of $7-10 billion.
OpenAI, established in 2015 by Sam Altman, Greg Brockman, Elon Musk, and others, launched ChatGPT in November 2022. The chatbot garnered over one million users within just five days of its release, thrusting OpenAI into the limelight. The company has since secured a billion-dollar investment from Microsoft.
The Delhi High Court will tackle several complex legal issues in this case, including the question of whether a lawsuit can be initiated against a foreign-based language model, given that OpenAI’s servers are situated outside India. OpenAI has expressed concerns regarding jurisdictional issues, contending that its operations are beyond the reach of Indian legal authority. To assist in navigating the complexities of the case, the court has appointed two amici curiae: Arul George Scaria, a Professor of Law at NLSIU Bengaluru, and advocate Adarsh Ramanujan.
Filed in November 2024, ANI’s lawsuit claims that OpenAI used its copyrighted content without authorization to train its models. ANI is seeking ₹2 crore in damages and an injunction to prevent OpenAI from storing, publishing, or reproducing its copyrighted material. Initially, the court declined to issue an interim injunction against OpenAI, citing specific legal considerations.
