The prevailing opinion is that OpenAI’s objection to Indian jurisdiction, citing that its servers are based in the US, will not hold water.
As outlined by Aklovya Panwar and Vatsalya Vishal in Tech Policy Press, the AI court case in India is moving ahead, with a hearing scheduled for March.
The prevailing opinion is that OpenAI’s objection to Indian jurisdiction, citing that its servers are based in the US, will not hold water.
Jurisdictional Challenges
However, the jurisdiction scenario works both ways. Should India’s legal system rule that OpenAI acted unlawfully, this will have no legal precedence value in the US claims against OpenAI.
Key Issues to be Determined
According to Tech Policy Press, the Court will address three main issues:
1. Copyright Infringement in Data Storage: Whether storing copyrighted data for training ChatGPT amounts to copyright infringement.
2. Infringement Through Generated Responses: Whether generating user responses using copyrighted data constitutes infringement.
3. Fair Use: Whether this use falls under ‘fair use’ as per Section 52 of the Copyright Act.
Read more at Tech Policy Press.
This post first appeared in the TNPS LinkedIn newsfeed.
