In a case of significant importance, like the Meta and Google, Open AI has become one more global tech company to challenge the sovereignty of Indian laws. It is disturbing to note that Open AI is supported by Microsoft.
Open AI is facing a legal battle in Delhi Court where ANI has accused it of violating Copyright laws by lifting content from its published sources.
Open AI has given several defences one of which is that it is not subject to Indian jurisdiction.
As per this article in Times of India, in an interesting defence, Open AI states that it is unable to remove it as demanded because it is required to retain it under the US law. In other words, it admits that it may have data which is infringing the copyright but since it is bound by the laws of US and not India, it is not obliged to meet the demand of the petitioner.
The argument is nothing different from that of a thief who says “Don’t question my possession of stolen property because my mafia wants it to be retained.”
In a way Open AI has admitted to the copyright infringement which in fact is an international obligation to which US is also a party. We should recall the aggressive pursual of the Dmitry Sklyrov case on Adobe E Book software where US courts arrested the Russian software professional. There are many cases on Jurisdiction where US has fought and held that “If a local resident of USA is adversely affected, the courts in USA can exercise jurisdiction”
The European Courts are already of the opinion that ChatGPT violates EU Privacy law.
In terms of operation, Chat GPT may also be forced to remove the disputed data from the active engine and archive it for the US law purpose.
Hence the argument of ChatGPT is untenable and must be rejected.
Naavi
