OpenAI references its U.S. origins to sidestep the Indian court, but lawyers have differing opinions

OpenAI, the artificial intelligence company based in the U.S. and known for ChatGPT, is challenging a copyright lawsuit in India by claiming that Indian courts do not have jurisdiction over the case.

However, legal experts argue that Indian law permits the lawsuit to move forward. The lawsuit was initiated by Asian News International (ANI), which contends that OpenAI’s AI models have utilized its copyrighted material without authorization. In its defense, OpenAI asserts that it has no servers or data centers in India and is headquartered in the U.S., thus Indian courts should not have authority over the issue

 The company also claims that adhering to a removal order from Indian authorities could conflict with its legal responsibilities in the United States. Despite these assertions, Indian legal experts have countered, referencing previous rulings where courts have exercised jurisdiction over foreign tech companies operating in India.

They maintain that OpenAI’s substantial user base in India, along with local tax revenues from its services, provides sufficient grounds for the case to be heard.

The Delhi High Court has also appointed neutral legal experts, who have indicated that jurisdiction under India’s Copyright Act is determined by the plaintiff’s location—in this instance, New Delhi.

This case is being closely monitored, as a ruling against OpenAI could establish a precedent for AI-generated content and copyright enforcement in India. If found liable, OpenAI may be compelled to remove certain training data and pay damages to ANI. The next hearing is set for February, where the court will continue its deliberations on the issue.

Related posts

2 thoughts on “OpenAI references its U.S. origins to sidestep the Indian court, but lawyers have differing opinions

  1. […] a groundbreaking legal move, thirteen U.S. states are preparing to file a lawsuit against DOGE, a prominent cryptocurrency company, alleging that it […]

Leave a Comment