OpenAI to face Indian digital news firms of Ambani, Adani in copyright battle

Digital news units of Indian billionaires Gautam Adani and Mukesh Ambani, and other outlets like the Indian Express and the Hindustan Times, have mounted a legal challenge against OpenAI alleging it improperly used copyright content, legal papers show.

The media outlets including Adani’s NDTV  and Ambani’s Network18  have told a New Delhi court they want to join an ongoing lawsuit against the ChatGPT creator, as they are worried their news websites are being scraped to store and reproduce their work to users of the powerful AI tool.

Reuters is first to report the case filing by the digital news publishers, which escalates an ongoing legal battle against ChatGPT in India. In the most high-profile battle, local news agency ANI was first to file a lawsuit against OpenAI last year. Global and Indian book publishers have also now joined in.

The 135-page case filing in the New Delhi court, which is not public but was reviewed by Reuters, argues OpenAI’s conduct constitutes “a clear and present danger to the valuable copyrights” of Digital News Publishers Association (DNPA) members and other outlets.

It refers to OpenAI’s “wilful scraping ... and adaptation of content”.

Courts across the world are hearing claims by authors, news outlets and musicians who accuse technology firms of using their copyright work to train AI services and who are seeking to have content used to train the chatbot deleted.

The filing was made by the Indian Express, Hindustan Times, Adani’s NDTV and the DNPA, which represents roughly 20 companies including Mukesh Ambani Network18 and players like Hindi daily Dainik Bhaskar, Zee News, India Today Group and the Hindu.

Many of these outlets have a flourishing newspaper and television news business too.

The Times of India is not taking part in the legal challenge despite being member of the DNPA.

OpenAI did not respond to a request for comment on the new allegations. It has repeatedly denied such allegations, saying its AI systems make fair use of publicly available data.

None of the Indian media companies immediately responded to Reuters request for comment.

Landmark India Case

The new intervention by Indian outlets will add firepower to ANI’s lawsuit against the Microsoft-backed OpenAI, which is the most high-profile legal proceeding in the nation on this subject.

A hearing in ANI’s lawsuit against OpenAI is scheduled for Tuesday.

Responding to the ANI case, OpenAI said in comments reported by Reuters last week that any order to delete training data would result in a violation of its U.S. legal obligations, and Indian judges have no jurisdiction to hear a copyright case against the company as its servers are located abroad.

Reuters, which holds a 26% interest in ANI, has said in a statement it is not involved in ANI’s business practices or operations.

In recent months, OpenAI has signed deals with Time magazine, the Financial Times, Business Insider-owner Axel Springer, France’s Le Monde and Spain’s Prisa Media to display content.

The Indian publishers in their new filing argue OpenAI has entered into partnership agreements with media outlets abroad, but has not entered into similar deals in India, hurting the media companies.

Such conduct by OpenAI “in India betrays an inexplicable defiance of the law,” the Indian media outlets’ filing said.

The publishers also said OpenAI was set to become a profit-driven business benefiting from the creative works of the media industry. This would result in a “weakened press” and would not be in the best interests of a vibrant democracy, their filing said.

OpenAI kicked off an investment, consumer and corporate frenzy in generative AI after the Nov. 2022 launch of ChatGPT. It wants to be ahead in the AI race after raising $6.6 billion last year.

It made its first India hire last year when it tapped a former WhatsApp executive, Pragya Misra, to handle public policy and partnerships in the country of 1.4 billion people, where millions of new users are going online, thanks to cheap mobile data prices.

Source: Reuters
--Agencies