ANI Delhi HC: OpenAI Interim Relief Appeal Filed

• Asian News International (ANI) has appealed a Delhi High Court single-judge's order denying interim relief in its copyright infringement suit against OpenAI.
• The original ruling by Justice Amit Bansal held that OpenAI's use of ANI's news for ChatGPT training did not amount to copyright infringement.
• Justice Bansal also cited potential "irreparable injury" to OpenAI and "public interest" as reasons to deny the interim injunction, noting ChatGPT's global use.
• ANI is the first Indian media house to sue OpenAI for copyright violation, with support from the Digital News Publishers Association.
• The appeal against the July 24 order is scheduled for a hearing on September 8 before a Division Bench of Justices V Kameswaro Rao and Manmeet Pritam Singh Arora.

This appeal will set a significant precedent on the availability of interim injunctions against AI models for copyright infringement, particularly concerning the 'public interest' defense for AI training data use.

Asian News International (ANI), a prominent news agency, has lodged an appeal with the Delhi High Court, challenging a single-judge's decision to withhold interim relief in its ongoing copyright infringement lawsuit against OpenAI, the entity behind the artificial intelligence model ChatGPT. This legal action marks a significant development, as ANI stands as the first Indian media house to initiate a copyright violation suit against OpenAI.

The appeal specifically targets the order issued on July 24, which denied the requested interim injunction. The matter is now slated for a hearing on September 8, where it will be deliberated by a Division Bench comprising Justices V Kameswaro Rao and Manmeet Pritam Singh Arora. This procedural step elevates the dispute to a higher judicial scrutiny within the Delhi High Court.

In its initial application for an interim injunction before the single-judge, ANI had sought explicit directives compelling OpenAI to cease all activities involving its copyrighted works, including storage, publication, reproduction, and general usage. The news agency's legal challenge garnered support from a consortium of other major publications, notably through the Digital News Publishers Association (DNPA). This influential body includes prominent media entities such as The Times Group, Hindustan Times, India Today Group, and The Hindu, representing a substantial segment of India's news landscape.

However, Justice Amit Bansal, the single-judge presiding over the initial proceedings, declined to issue the requested order. His ruling posited that OpenAI's practice of storing news material published by ANI for the purpose of training ChatGPT did not, in fact, constitute copyright infringement. This interpretation formed a cornerstone of his decision to deny the interim relief sought by ANI.

A central tenet of Justice Bansal's refusal to grant the interim injunction was the argument that such a measure would run counter to the public interest. The judge explicitly stated that granting an injunction at that stage would inflict irreparable injury, not only upon OpenAI but also upon the broader public interest. This reasoning underscored a perceived societal benefit derived from ChatGPT's operations.

Justice Bansal further elaborated that ChatGPT has fundamentally transformed the way information is accessed and processed, noting its widespread global utilization. He concluded that any interim injunction against OpenAI would therefore be detrimental to this transformative role and the public's access to information facilitated by the AI model.

This appeal before the Delhi High Court carries substantial weight, as its outcome is poised to establish a critical precedent for the evolving landscape of artificial intelligence and copyright law in India. The case directly addresses the complex question of whether the use of copyrighted material for training AI models like ChatGPT constitutes infringement, especially when balanced against considerations of public interest and technological advancement.

Lawyers advising media houses or AI companies in India should closely monitor this appeal, as it will set a significant precedent on the availability of interim injunctions against AI models for copyright infringement, particularly concerning the 'public interest' defense for AI training data use. It highlights the evolving legal challenges in protecting copyrighted content from AI exploitation, making the Division Bench's decision a landmark moment for intellectual property rights in the digital age.

Lawyers advising media houses or AI companies in India should closely monitor this appeal, as it will set a significant precedent on the availability of interim injunctions against AI models for copyright infringement, particularly concerning the 'public interest' defense for AI training data use. It highlights the evolving legal challenges in protecting copyrighted content from AI exploitation.

Source: Original reporting via news reports