Court-appointed experts say Delhi HC has jurisdiction in ANI v OpenAI case
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1 month, 3 weeks ago

Court-appointed experts say Delhi HC has jurisdiction in ANI v OpenAI case

Hindustan Times  

New Delhi: The Delhi High Court has the jurisdiction to decide the outcome in the news agency ANI’s copyright lawsuit against OpenAI, said two amici curiae appointed by the court in the case in their written submissions. However, they differed on whether OpenAI’s use of ANI’s data constituted copyright infringement and was permitted as “fair use”. In the November order, the court had asked three other questions of law apart from that of appropriate jurisdiction --- first, if storage of ANI’s news data to train OpenAI’s software was copyright infringement; second, if using this copyrighted data to generate responses was copyright infringement; and third, if OpenAI’s use of ANI’s data qualified as “fair use”. On whether using ANI’s content to generate responses was an infringement of its copyright, Scaria said that first, ANI must establish that it owns the copyright over the works in question, especially as “a substantial chunk of news related materials might be outside copyright protection in India”. Ramanujan submitted said that the court could consider whether OpenAI’s use of ANI’s works posed any “major economic threat” to the news agency whereby newspapers and news channels could cease subscribing to ANI and opt for responses from ChatGPT instead.

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