OpenAI Faces Legal Battle in India: Adani, Ambani’s Media Firms Join Copyright Fight

Billionaire industrialists Gautam Adani and Mukesh Ambani’s media companies, alongside other prominent Indian outlets, have taken a significant step in the ongoing copyright dispute against OpenAI. Legal documents reveal that news organizations, including the Indian Express and Hindustan Times, have raised concerns about unauthorized usage of their copyrighted content by the AI leader.

This legal battle is part of a global wave of lawsuits from authors, publishers, musicians, and media houses, accusing technology companies of using their copyrighted works to train AI systems without consent or compensation.

Indian Media Giants Take a Stand

Major Indian media houses like Adani’s NDTV and Ambani’s Network18 have filed a petition in a New Delhi court to join the lawsuit against OpenAI. The media companies allege that their news websites are being scraped by OpenAI, enabling its ChatGPT tool to store, reproduce, and potentially monetize their content without permission.

In the forefront of this legal fight is ANI, India’s leading news agency, which first filed a lawsuit against OpenAI in 2023. Recently, global and Indian book publishers have also joined the legal proceedings, escalating the case’s significance.

Allegations of Copyright Violation

A 135-page case filing reviewed by Reuters details allegations against OpenAI, describing its actions as “a clear and present danger to the valuable copyrights” of the Digital News Publishers Association (DNPA) members and other outlets. It accuses OpenAI of engaging in “wilful scraping” and adapting content without authorization.

The filing emphasizes concerns about the “disproportionate power of tech companies” in prioritizing content and extracting advertising revenue, which it argues undermines publishers’ ability to sustain their businesses.

Key Players in the Legal Challenge

The petition includes prominent names like:

• Indian Express

• Hindustan Times

• Adani’s NDTV

• Network18 (owned by Mukesh Ambani)

• Dainik Bhaskar, Zee News, India Today Group, and The Hindu

The DNPA, representing around 20 companies, is spearheading this initiative. Interestingly, the Times of India, a DNPA member, has chosen not to participate in the lawsuit. The reasons for its absence were not detailed in the filing.

OpenAI’s Global Legal Challenges

The Indian case mirrors similar legal challenges faced by OpenAI worldwide. For instance, in December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft, accusing them of utilizing millions of its articles without authorization to train their AI models.

OpenAI has consistently denied such allegations, asserting that its AI systems operate within the boundaries of fair use by utilizing publicly available data. However, the latest intervention by Indian media outlets adds significant weight to ANI’s ongoing case, making it India’s most high-profile legal proceeding on AI and copyright.

OpenAI’s Partnerships Abroad Highlight Disparity

In their filing, Indian publishers pointed out that OpenAI has entered into licensing agreements with prominent global media outlets, including:

• Time Magazine

• The Financial Times

• Business Insider-owner Axel Springer

• France’s Le Monde

• Spain’s Prisa Media

However, similar partnerships have not been extended to Indian media houses, which the publishers argue has adversely impacted them. The filing describes OpenAI’s actions in India as demonstrating “an inexplicable defiance of the law.”

Broader Implications for Indian Media

The petitioners warned that OpenAI’s commercial ambitions, driven by the creative output of the media industry, risk weakening the press. This, they argue, could undermine the role of a free press in sustaining a vibrant democracy.

OpenAI’s Expanding Presence in India

Since launching ChatGPT in November 2022, OpenAI has spearheaded global advancements in generative AI. In 2023, the company raised $6.6 billion in funding, highlighting its commitment to staying ahead in the competitive AI landscape.

In India, OpenAI made its first direct hire last year, appointing former WhatsApp executive Pragya Misra to lead public policy and partnerships. India, with its vast population of 1.4 billion and millions of new internet users fueled by affordable data, represents a critical market for OpenAI.

Looking Ahead

A hearing in ANI’s lawsuit against OpenAI is scheduled for Tuesday, with the potential to set a landmark precedent in India’s copyright and AI regulation landscape. As legal proceedings unfold, the spotlight remains on how technology companies balance innovation with respect for intellectual property rights.