2024 was the year of artificial intelligence. It was the year when AI features and its use grew by leaps and bounds, from personal use simplifying complex tasks to cloning voices, videos, and even memes. AI was everywhere, driving this AI revolution was ChatGPT, an AI bot developed by US-based company OpenAI in late 2022.
The Rise of ChatGPT
ChatGPT was made public and became an overnight sensation on social media. Users were impressed by its ability to generate large amounts of information in a jiffy and respond to human prompts on a range of topics. Over time, OpenAI has raised a total funding of 17.9 billion over ten rounds from 50 investors, including Microsoft and Morgan Stanley.
Technological Advances and Controversies
Since its inception, ChatGPT has undergone several changes from a tech perspective. However, it has also faced its fair share of controversies. Co-founders Elon Musk and CEO Sam Altman continue to publicly call out each other. OpenAI also witnessed a boardroom coup where Altman was ousted as CEO, only to be reinstated following pressure from employees and investors.
Legal Challenges Against OpenAI
In recent months, OpenAI faces a new challenge—mounting legal cases. OpenAI is in the dock for copyright infringement and faces several lawsuits from media houses, authors, and publishers across the world. The latest to join this long list are major Indian media houses adding to OpenAI’s legal woes in India.
Indian Media Houses Take Legal Action
Some of the big names in the Indian media space reportedly approached the Delhi High Court today. These media houses have sought to join the ongoing legal proceedings against OpenAI in India. A report by Reuters states that these media houses include NDTV (owned by Gautam Adani), Network18 (owned by Mukesh Ambani), The Indian Express, Hindustan Times, and the Digital News Publishers Association (DNPA).
DNPA consists of around 20 prominent digital publishers in India, including Dainik Jagran, Inaru, ABP Group, Malayala Manorama, India Today, Dainik Bhaskar, Times Internet, and NDTV. However, The Times of India is not part of the legal challenge despite being a member of DNPA. The reason for this is unclear.
Allegations of Copyright Infringement
These media houses accuse OpenAI of copyright infringement. They are concerned that ChatGPT scrapes through their respective websites, uses that information to feed into its memory without permission, and then displays it to users upon request. Reuters accessed the 135-page filing of these companies, which states that the disproportionate power of tech companies in prioritizing content and extracting advertising revenue has raised concerns among publishers.
The Legal Argument
The media houses argue that OpenAI has entered into partnership agreements with foreign media outlets but has not entered into similar deals in India, thereby hurting Indian media companies. The plea also states that OpenAI is set to become a profit-driven business benefiting from the creative works of the media industry, which could result in a weakened press.
ANI vs OpenAI: A High-Profile Case
This intervention comes at a time when OpenAI is already entangled in a high-profile legal battle against news agency ANI (Asian News International). In November 2024, ANI sued OpenAI, claiming that their material was being used to train ChatGPT without permission and that ChatGPT was also attributing false information to ANI.
ANI claimed that ChatGPT even attributed a non-existent Rahul Gandhi interview to the media agency. During a hearing, OpenAI told the court that it would not use ANI’s content anymore. However, ANI argued that its published works were already stored in ChatGPT’s memory and should be deleted.
Jurisdiction Debate and OpenAI’s Defense
Earlier this week, Reuters reported OpenAI’s reply in the ANI case, where the ChatGPT maker stated that any order to delete training data would result in a violation of its US laws. OpenAI also argued that Indian courts have no jurisdiction to hear a copyright case against the company, as none of its servers or offices are located in India. Essentially, OpenAI claims that since it is a US-based company, only US laws apply to it.
The counterargument is that since OpenAI operates in India, it must adhere to Indian laws. The next hearing in the ANI vs OpenAI case is scheduled for Tuesday, January 28.
Indian Publishers Join the Legal Battle
Last week, the New Delhi-based Federation of Indian Publishers also filed a case at the Delhi High Court. The case was filed on behalf of all its members, including well-known publishers such as Bloomsbury, Penguin Random House, Cambridge University Press, Pan Macmillan, India’s Rupa Publications, and S. Chand & Co.
Pranav Gupta, the federation’s general secretary, stated that the lawsuit aims to stop OpenAI from accessing copyrighted material without permission and seeks compensation for its use.
The Global AI Copyright Debate
This is not just an India-centric issue. The debate over what is legal and what isn’t in the AI world has been raging for more than a year. In November 2023, a group of eight US newspapers sued OpenAI and Microsoft, which backs OpenAI. These newspapers, including the New York Daily News, Chicago Tribune, and Denver Post, allege that tech companies have made millions of dollars from copyrighted news articles without permission or payment.
In Canada, media companies such as The Globe and Mail, The Canadian Press, CBC, The Toronto Star, Metroland Media, and Postmedia are demanding up to 20,000 Canadian dollars in damages for each article used by OpenAI. OpenAI has repeatedly denied all allegations of copyright infringement, stating that its AI systems use publicly available data under fair use policies.
The Mysterious Death of Suchir Balaji
As these legal cases pile up, another case has come to light—that of Suchir Balaji, a 26-year-old Indian-American researcher who formerly worked at OpenAI. Balaji was found dead in his apartment on November 26, 2024. Police say he died by suicide and that there was no foul play. However, Balaji’s parents allege that it was a cold-blooded murder.
Notably, before his death, Balaji wrote a blog post on his personal website, revealing how OpenAI had flouted fair use provisions under US copyright laws. He claimed that the company had made unauthorized copies of copyrighted data for its generative model to study and analyze. OpenAI has dismissed all claims made by Balaji in his blog.
The Future of AI and Copyright Laws
Balaji’s questions and the lawsuits against OpenAI raise concerns about the data collection practices of AI bots. The legality of AI-driven content generation remains a gray area. Although none of the copyright infringement cases against OpenAI have been decided yet, a verdict could provide clarity on copyright laws and AI, shaping how chatbots will function in the future.
Final Thoughts
Once these judgments are made, they will not only impact OpenAI but also the entire AI industry. This article has explored the growing concerns surrounding AI and copyright laws. Stay tuned for further updates as the legal battles continue to unfold.
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