ANI copyright row: OpenAI argues that Delhi HC lacks jurisdiction in the matter

OpenAI argued that the Indian courts do not have geographical jurisdiction over Open AI or the cause of action. It emphasised that ChatGPT's training data and servers are situated outside of India, and that jurisdiction is not automatically granted just because the service is available in India

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New Delhi: Responding to the lawsuit filed by ANI in November 2024, where ANI accused OpenAI of copyright infringement over its use of news content, the Microsoft-backed firm has said that Indian courts do not have jurisdiction to hear the litigation against it.

OpenAI argued that the Indian courts do not have geographical jurisdiction over Open AI or the cause of action. It emphasised that ChatGPT's training data and servers are situated outside of India, and that jurisdiction is not automatically granted just because the service is available in India.

The organisation argued that removing the training data, as ANI requested, would violate US federal laws that require evidence retention due to ongoing legal proceedings. They pointed out that a similar issue is being addressed in a lawsuit between OpenAI and the New York Times. Therefore, the organisation claims that complying with ANI's request would force the defendants to break U.S. laws.

Since the lawsuit incorporates several causes of action, some of which are not covered by "commercial disputes" as defined by the Commercial Courts Act of 2015, OpenAI has further argued that the Delhi High Court's Commercial Division lacks jurisdiction. 

Additionally, OpenAI has maintained that the alleged defamation by ANI does not qualify as a commercial dispute under the Act.

The ChatGPT maker further asserted that ANI agreed to ChatGPT's terms of use, which require arbitration for disputes and state that any legal issues must be handled in San Francisco, California. Therefore, ANI must resolve its dispute according to these terms.

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