penAI has talked with an Indian court, letting them know that removing training data that is powering its ChatGPT services would be inconsistent when it comes
to the legal obligations that the US has, reported Reuters.
Even more so, the Microsoft-backed AI company also stated that it is not under Indina’s court jurisdiction to hear a copyright breach case that is brought by local news agency ANI as the American company does not have any presence in the country.
In November, ANI sued OpenAI in Dehli, being the most high-profile and closely-tracked lawsuit in India, regarding AI. The accusations that were brought, regarding the use of the published content that has been used for ChatGPT’s training without the news agency’s permission.
OpenAI responded to this lawsuit in an 86-page filing filed at the Delhi High Court on January 10th. However, OpenAI is not the only artificial intelligence company facing such allegations. A wave of similar complaints has risen from several copyright owners. The common allegation in those filings is the misuse of copyrighted works to train AI models, including a case brought by the New York Times against OpenAI in the US.
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OpenAI has denied the allegations that have been brought, its response being that the AI systems make fair use of publicly available data and information. Moreover, in a hearing that happened in November, OpenAI told the Delhi court that they would no longer use ANI’s content further, yet the news agency argued over the fact that theri already published works were stored in ChatGPT’s memory and needed to be erased.
In the filing on January 10th, OpenAI also mentioned that it is currently defending litigations that concern data that has been used for the training of its models in the US. OpenAI says that it “is therefore under a legal obligation, under the laws of the United States to preserve, and not delete, the said training data". OpenAI also added that the submission that has been made by ANI was not subject to the Indian court as they did not have the right jurisdiction, reported Reuters. Adding that their company has "no office or permanent establishment in India ... the servers on which (ChatGPT) stores its training data are similarly situated outside of India".
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