ANI files appeal before Delhi HC challenging denial of interim relief in case against OpenAI

News agency Asian News International (ANI) has filed an appeal before the Delhi High Court against a single-judge's order denying it interim relief in its copyright infringement suit against OpenAI, the owner of ChatGPT.

The appeal against the July 24 order is listed for hearing on September 8 before a Division Bench of Justices V Kameswaro Rao and Manmeet Pritam Singh Arora.

ANI is the first Indian media house to sue OpenAI for copyright violation.

In its interim injunction application before the single-judge, the agency had sought directions to OpenAI to stop storing, publishing, reproducing or using ANI's copyrighted works.

Several other publications had also joined ANI in its case, including the Digital News Publishers Association (DNPA). The DNPA members include The Times Group, Hindustan Times, India Today Group, The Hindu and almost every major media house.

However, the single-judge refused to pass such an order, holding that it would be against public interest.

In his ruling, single-judge Justice Amit Bansal held that OpenAI's storage of news material published by ANI to train ChatGPT does not amount to copyright infringement.

Notably, the single-judge said that irreparable injury would be caused not only to OpenAI but to public interest also if any interim injunction is granted in favour of ANI at this stage.

The judge reasoned that ChatGPT has transformed information and is being used all around the world for beneficial purposes.

ANI has now approached the division bench against the same.

It is ANI's case that merely because its news content is publicly available, OpenAI does not get a right to exploit it or create copies of it to store.

The news agency has said that in denying interim relief, the single-judge erred in the interpretation of the copyright law.

Further, ANI has stated that the single judge's judgment expands the scope of fair use for commercial purposes beyond what is permitted by the Copyright Act

The appeal has been filed through advocate Sidhant Kumar of Unum Law.