OpenAI fights Indian court’s jurisdiction in copyright lawsuit

Reuters

OpenAI is contesting the jurisdiction of Indian courts in a copyright lawsuit filed by news agency ANI, arguing that disputes should be resolved in the United States.

The case, which alleges OpenAI used copyrighted content without authorization, has drawn support from major Indian media groups, including those linked to billionaires Gautam Adani and Mukesh Ambani.

OpenAI maintains that its AI models are trained on publicly available information under fair use principles. The company, facing similar lawsuits in the U.S., Germany, and Canada, asserts that it does not operate servers or data centers in India and that its terms of service require disputes to be settled in San Francisco.

However, Indian legal experts and court-appointed specialists argue that OpenAI’s interactive services are available to Indian users, making it subject to local jurisdiction. Precedents, including a 2022 case involving Telegram, suggest Indian courts can hear foreign tech-related copyright cases.

If OpenAI wins on jurisdiction, it could avoid facing the lawsuit in India. If it loses, it may be required to delete training data and pay $230,000 in damages. The Delhi High Court will next hear the case in February.

Despite the legal battle, OpenAI executives, including CEO Sam Altman, are scheduled to visit India on February 5, underscoring the company’s interest in the country, which remains one of its largest markets.

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