Update Pending

Asian News International (ANI), one of India’s leading news agencies, has filed a suit against OpenAI, the developer of ChatGPT, before the IP division of the Delhi High Court. ANI accuses OpenAI of copyright infringement for allegedly using ANI’s copyrighted news content to train its large language model (LLM) without permission. Presided over by Justice Amit Bansal, this case is poised to address critical questions about intellectual property rights in the context of artificial intelligence (AI) technologies.

ANI filed the copyright infringement suit in 2024, alleging that OpenAI used its original news content, including articles and reports, to train ChatGPT, an AI chatbot capable of generating human-like text. ANI claims that this use was unauthorized and violates its rights under India’s Copyright Act. The Delhi High Court issued a summons to OpenAI on November 19, 2024. The Court also appointed Dr. Arul George Scaria and Mr Adarsh Ramanujan as amici curiae to assist the court.

Next Date: April 22 and 27, 2025

Writ Petition No. 177 of 2013

Kamlesh Vaswani v. Union of India and Others

Petitioner:

Kamlesh Vaswani

Respondents

  1. Union of India (Ministry of Information and Technology)
  2. Union of India (Ministry of Information & Broadcasting)
  3. Union of India (Ministry of Home Affairs)
  4. Internet Service Providers Association of India
  5. Union of India (Department of Telecommunications (impleaded on November 18, 2013)
  6. Hamari Sanskriti (impleaded on October 17, 2014)
  7. Elvis Kottor (impleaded on October 17, 2014)
  8. Supreme Court Women Lawyers Association
  1. Writ of declaration be issued to declare Section 66, 67, 69, 71, 72, 75, 79, 80 and 85 of the Information Technology Act, 2000 ultra vires in terms of Article 14,19,21 of the Constitution of India;
  2. For an order or direction in form of an appropriate writ to the respondents No.1 to 3 to formulate a National Policy and draft an action Plan on the issue of Pornography;
  3. For direction to the Respondents No.1 to 3 to prepare a separate law;
  4. For direction to the Respondents No.1 to 4 to treat watching of porn videos and sharing as non-bailable and cognizable offence.

To be decided

Hearing Reports

Federation of Indian Publishers, and Digital News Publishers Association and some of its members seek intervention in the suit. Court observes that it will hear OpenAI’s objection to its jurisdiction while hearing the application for interim injunction. Court fixed three hearing dates – February 21, March 10 and March 18.

The suit was heard for the first time by Justice Amit Bansal. OpenAI raised a preliminary objection regarding the Delhi High Court’s territorial jurisdiction, arguing that, as a U.S.-based entity with servers located abroad, it does not fall under Indian jurisdiction. The court deferred the jurisdictional ruling, awaiting OpenAI’s written statement. The court also issued notice in ANI’s interim relief application.

Noting Open AI Inc. (Defendant No. 1)’s submission that it is “neither responsible for operation of services of ChatGPT services or its training, and is neither the owner or lessee of the servers on which ChatGPT training data is stored or through which the ChatGPT service is operated”, Delhi High Court deleted it as a party also noting ANI’s no-objection.

The Indian Music Industry, and its members, including Super Cassettes Industries Private Limited and Saregama India Limited sought intervention in the suit submitting they will make submissions on issues of law.

Amicus curiae Mr. Ramanujan made his arguments. ANI’s counsel began arguments.