NEW DELHI, Feb 1 — OpenAI faces an uphill climb as it argues that Indian courts cannot hear lawsuits about its U.S.-based business in the country, where Telegram has failed with...
Facing copyright lawsuit from Indian news agency, can OpenAI argue that courts have no jurisdiction over US-based firms?
The case gained prominence in recent weeks as book publishers and media groups, including those of billionaires Gautam Adani and Mukesh Ambani, banded together to oppose OpenAI in the case. “It’s a pre-Internet era argument which will not fly in Indian courts today,” said Dharmendra Chatur, a partner at Poovayya & Co., which advises foreign tech companies.
Six other lawyers, and submissions of two court-appointed experts in the OpenAI lawsuit, Arul George Scaria and Adarsh Ramanujan, said Indian judges can hear the matter. In the OpenAI-ANI case, an outright win on the jurisdiction argument will mean OpenAI will not need to face the copyright lawsuit in India. If it loses that argument, it will have to contest ANI’s demand for deletion of training data and pay US$230,000 in damages.Asked about the lawsuit, Reuters, which holds a 26 per cent interest in ANI, has said it is not involved in its business practices or operations.
Even if OpenAI’s argument on jurisdiction fails to stop the lawsuit initially, an Indian intellectual property lawyer said it could later help the company make the point that a court order would need enforcement abroad. The lawyer declined to be named because of the matter’s sensitivity.
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