ANI case: OpenAI claims data storage outside India

OpenAI, the developer of ChatGPT, defended itself against ANI Media Pvt Ltd.'s copyright infringement lawsuit in the Delhi High Court. Senior Advocate Amit Sibal, representing OpenAI, argued that Indian copyright law does not apply because the training of their Large Language Model (LLM) and data storage occur outside India.

ANI alleges OpenAI used its content to train ChatGPT, infringing on its copyrights. Sibal countered that under the Indian Copyright Act, infringement must occur within India's borders. He asserted that no part of the alleged infringement happened within India.

Sibal further stated there's no proof OpenAI stores ANI's data in India or that ChatGPT accesses it for responses. He clarified that the LLM learns from diverse, public domain datasets, focusing on linguistic structures and grammar, rather than storing specific source data verbatim.

ANI accused OpenAI of scraping its website and subscriber data for commercial gain. Sibal argued that using data for AI training does not violate copyright, as the Copyright Act protects the expression of ideas, not the ideas themselves or factual content.

The High Court is considering four main issues: whether OpenAI's data storage and use constitute infringement, and whether the case qualifies for fair use under Indian law. OpenAI will continue its arguments in the next hearing.