On November 19, 2024, the Delhi High Court noted four key issues that “warrant consideration” in the ANI Media v. Open AI suit:
Copyright Infringement by the Storage of Data
Whether the storage by the defendants of plaintiff’s data (which is in the nature of news and is claimed to be protected under the Copyright Act, 1957) for training its software i.e., ChatGPT, would amount to infringement of plaintiff’s copyright.
Copyright Infringement by the Use of Data
Whether the use by the defendants of plaintiff’s copyrighted data in order to generate responses for its users, would amount to infringement of the plaintiff’s copyright.
Fair Use
Whether the defendants’ use of plaintiff’s copyrighted data qualifies as ‘fair use’ in terms of Section 52 of the Copyright Act, 1957.
Jurisdiction
Whether the Courts in India have jurisdiction to entertain the present lawsuit considering that the servers of the defendants are located in the United States of America.