Delhi HC declines to immediately restrain OpenAI from scraping ANI content
The high court refused to pass a direction while dealing with ANI’s petition against a single judge’s July 24 order
On Tuesday, a bench of Justices Avneesh Jhingan and Manmeet PS Arora at the Delhi high court declined to immediately halt OpenAI from scraping content from news agency ANI for use in training ChatGPT and generating responses. The court stated they would not issue an ex-parte order without first hearing the opposing side. ANI had petitioned the court to intervene against a July 24 single-judge ruling, which had dismissed ANI's request to prevent OpenAI from utilizing its content for ChatGPT training.
The court's refusal to order the restraint followed the finding that OpenAI's use of the material fell under the Indian copyright law's "fair dealing" exception. ANI contended that OpenAI had been barred from scraping its website since September 2024, and requested the court to maintain this arrangement. The court granted ANI a hearing and set December 5 as the next hearing date.
In their appeal, ANI contended that the injunction had been granted without sufficient consideration of OpenAI's admission of having scraped, stored, and commercially exploited ANI's content. The news agency further argued that such actions infringed its exclusive rights under the Copyright Act, including the rights to store, reproduce, adapt, and translate its original works.
ANI maintained that while the single-judge ruling recognized infringement, it had expanded the scope of the fair-dealing exception to permit commercial exploitation of the copyrighted work.
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