Lawsuit against OpenAI: The DNPA contended that companies like OpenAI have developed large language models (LLMs) by “training” on vast quantities of text, including, without a licence or permission, copyright-protected works.
A group of digital news publishers in India have filed an intervention in the Delhi High Court, joining an ongoing proceeding against OpenAI for improperly using copyright content. The intervention was filed by the Digital News Publishers Association (DNPA), along with some of its members, which include The Indian Express, Hindustan Times and NDTV.
The intervention is part of a case filed first against the generative artificial intelligence (AI) company by news agency ANI last year, accusing OpenAI of unlawfully using Indian copyrighted material to train its AI models. It comes amid growing scepticism of news publishers in several jurisdictions, including in the United States and India, over concerns of copyrighted material, such as news reports, being used by companies like OpenAI for training their foundational models, without permission or payment.
The DNPA contended that companies like OpenAI have developed large language models (LLMs) by “training” on vast quantities of text, including, without a licence or permission, copyright-protected works. This “unlawful utilisation of copyrighted materials exclusively benefits OpenAI and its investors, to the detriment of the creative works across the entire industry in India,” DNPA said in a statement.
“DNPA further asserts that OpenAI’s appropriation of news content presents an increasing threat to press transparency in India,” it added. “In light of the growing issues of disinformation and deepfakes, AI models are supercharging online misinformation. The DNPA is deeply concerned that this trend will negatively affect the quality, reliability, and diversity of news content in India. Consequently, the public will be exposed to opaque algorithmic caprice.”
The news publishers’ group also said that OpenAI’s actions and AI models lack sufficient transparency and disclosure.
The Federation of Indian Publishers (FIP), a grouping of domestic publishers and their international partners, has also filed an intervention application in the case. In a statement, an OpenAI spokesperson said:
“We take great care in our products and design process to support news organisations. We are actively engaged in constructive partnerships and conversations with many news organisations around the world, including India, to explore opportunities, listen to feedback, and work collaboratively. Along with our news partners, we see immense potential for AI tools like ChatGPT, including through search, to deepen publishers’ relationships with readers and enhance the news experience”.
“More broadly, we build our AI models using publicly available data, in a manner protected by fair use and related principles, and supported by long-standing and widely accepted legal precedents,”
it added.
OpenAI has previously argued that any order to remove training data powering its ChatGPT service would be inconsistent with its legal obligations in the United States. The company has repeatedly denied the allegations, saying its AI systems make fair use of publicly available data.
OpenAI is facing a number of similar lawsuits in other jurisdictions as well. In December 2023, The New York Times sued the company and Microsoft, citing “unlawful” use of copyrighted content. The publication has alleged that OpenAI and Microsoft’s large language models, which power ChatGPT and Copilot, “can generate output that recites Times content verbatim, closely summarises it, and mimics its expressive style.” This “undermine[s] and damage[s]” the Times’ relationship with readers, while also depriving it of “subscription, licensing, advertising, and affiliate revenue.”
Source: The Indian Express