The Delhi High Court on Tuesday issued notice to ChatGPT creator OpenAI on an appeal filed by news agency Asian News International (ANI), challenging a single-judge order that denied it interim relief in its copyright dispute with the artificial intelligence company.
According to multiple media reports, a division bench of Justices Avneesh Jhingan and Manmeet Pritam Singh Arora sought OpenAI's response and listed the matter for hearing in December.
ANI's senior counsel Sidhant Kumar told the court that OpenAI had earlier undertaken not to scrape or download content from the news agency's website as an interim arrangement. Kumar argued that this understanding had remained in place from September 11, 2024, until the single-judge order was passed.
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The bench, however, declined to pass any order without first hearing OpenAI's response.
Senior counsel Kapil Sibal, appearing virtually for an intervenor, also sought an opportunity for his client to be heard, arguing that the case has global implications.
ANI's appeal challenges a July 24 order by Justice Amit Bansal, which refused to grant interim relief to the news agency in its copyright lawsuit against OpenAI.
The single judge had held that restraining OpenAI could have implications not only for the company but also for public interest and the development of AI. The court observed that generative AI has a significant role in research, education, accessibility and the dissemination of knowledge.
The court also held that Indian courts have jurisdiction to hear ANI's dispute with OpenAI despite the company's servers being located in the US. It said the alleged infringement had a sufficient connection with India because ChatGPT is accessible in the country and ANI claimed to have suffered harm here.
However, the court found that ANI had not established that ChatGPT had substantially reproduced its copyrighted news reports. It also noted that the agency had not demonstrated actual market harm or a loss of subscriptions linked to OpenAI's alleged use of its content.
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