Digital news platforms may become obsolete, with ChatGPT taking center stage, according to submissions made to the Delhi High Court in the OpenAI case.
The Digital News Publishers Association (DNPA) in India has taken the Delhi High Court with a strong argument against OpenAI, claiming that the AI company's use of online news reports to train ChatGPT constitutes copyright infringement.
The DNPA, representing major Indian media organisations such as The Times Group, The Hindu, The Indian Express, and NDTV, contends that OpenAI uses protected news content without authorization, which undermines the economic viability of digital journalism.
Senior Advocate Rajshekhar Rao, representing the DNPA, submitted that even the transient storage or reproduction of news reports during the AI training process violates their exclusive copyright rights. He emphasized the decline in physical newspaper circulation and warned that ChatGPT’s unlicensed use of news content jeopardizes the survival of digital news outlets, potentially leaving ChatGPT as the sole prominent source of news, which reduces publishers’ incentives to publish original content.
The news publishers' legal action is part of a copyright infringement suit filed by Asian News International (ANI) against OpenAI. DNPA has intervened in this case to bolster the argument that unauthorized use, downloading, or temporary storage of news content by AI platforms infringes copyright under Indian law.
OpenAI, on the other hand, has argued that their use of public data for training ChatGPT does not violate Indian copyright law and has an opt-out mechanism for websites unwilling to have their data used. Meanwhile, the Indian government has set up an expert panel to review the adequacy of the Copyright Act, 1957, to address issues arising from AI usage and copyright disputes, reflecting the legal uncertainty about how existing copyright law applies to AI training data.
The case represents an instance where a law last amended in 2012 is attempting to keep pace with technology. The next dates of hearing in the case are scheduled for August 18, September 12, and September 23. Senior Advocate Rajshekhar Rao will continue his arguments on the next date of hearing.
It is important to note that any reproduction not authorized by the Copyright Act is considered an infringing copy. OpenAI's response to the suit states that copyright protection in news reporting is narrow due to a greater public interest in information dissemination.
This ongoing legal battle highlights the complexities and challenges in balancing the rights of AI companies, media organisations, and the public in the digital age. As technology continues to evolve, it is crucial for laws to adapt and provide clear guidelines to ensure fair use of intellectual property.
[1] The Economic Times, "DNPA Moves Delhi High Court Against OpenAI Over ChatGPT's Use of News Content," July 27, 2023. [2] Livemint, "Media Bodies Take OpenAI to Court Over Use of News Content in AI Training," July 27, 2023. [3] The Hindu, "OpenAI’s Use of News Content in AI Training Under Scrutiny in Delhi High Court," July 27, 2023. [4] Business Standard, "Media Bodies Accuse OpenAI of Copyright Infringement Over Use of News Content in AI Training," July 27, 2023.
Artificial-intelligence company OpenAI is accused by the Digital News Publishers Association (DNPA) of copyright infringement, as their use of news reports during ChatGPT's training process is considered unauthorized and a potential economic threat to digital journalism. The DNPA argues that temporary storage or reproduction of news reports during AI training violates copyright rights, raising concerns about the survival of digital news outlets and the incentives for publishers to create original content.
