ANI vs OpenAI case in Delhi High Court.
ANI vs Open AI Case in Delhi High Court: New Delhi – In a dramatic submission to the Delhi High Court, India’s leading media houses have warned that the rise of generative AI, specifically OpenAI’s ChatGPT, threatens the very existence of online news. The Digital News Publishers Association (DNPA) on Tuesday argued that OpenAI’s use of online news reports to train its Large Language Model (LLM) constitutes a fundamental infringement of copyright, a practice that could ultimately leave only AI as a source of information.
The submission was made before Justice Amit Bansal during the hearing of a copyright infringement suit filed by Asian News International (ANI) against OpenAI. The DNPA, which represents major media organizations including the Times Group, The Hindu, The Indian Express, and NDTV, has intervened in the case.
Senior Advocate Rajshekhar Rao, representing the DNPA, painted a stark picture of the future. “Physical newspapers circulation has come down drastically. Physical newspapers are disappearing, digital news will disappear and only ChatGPT will remain,” he stated. He contended that by using their content without authorization, OpenAI was eroding the incentive for media organizations to invest in and publish original news.
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Rao argued that the mere act of downloading and storing news reports, even for a “transient moment” to train the AI, constitutes a copyright violation. “If I have the exclusive right to authorize you to do this or not to do this, the fact that you pick it up from the public domain, the fact that you use it to train… the minute you download without my authority, you are infringing my exclusive right,” he submitted.
He cited a specific instance where ChatGPT provided excerpts of an interview in response to a user query, alleging it as a clear violation. Rao further emphasized that even for research purposes, a lawfully acquired copy is a prerequisite, likening it to the need to purchase a subscription to a legal database for research.
Justice Bansal, in a noteworthy remark, acknowledged the struggle of existing legislation to keep pace with rapid technological advancements. “So this a classic case where a law which was last amended in 2012 is trying to keep pace with technology,” he observed.
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ANI initiated the lawsuit, alleging that its original content was being commercially exploited by OpenAI to train ChatGPT. OpenAI, in its defense, has argued that copyright protection for news reporting is narrow, as there is a broader public interest in the dissemination of information.
The case highlights the growing legal and ethical tensions between traditional media and the burgeoning world of artificial intelligence. As media organizations fight to protect their intellectual property and economic viability, the court is tasked with interpreting copyright law in a new digital frontier.
Rao is scheduled to continue his arguments on the next hearing dates, which are set for August 18, September 12, and September 23. The outcome of this case could set a crucial precedent for the future relationship between AI and content creators in India and beyond.
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