As per a report by MediaNama, a Division Bench of Justices Avneesh Jhingan and Manmeet Pritam Singh Arora directed OpenAI to respond to an appeal filed by news agency ANI, at a hearing on September 14. ANI is challenging a July 24 single-judge order that refused it an interim injunction, with the judge finding ANI had failed to submit evidence proving that OpenAI's use of its content infringed copyright. ANI, the first Indian media organisation to sue OpenAI over training ChatGPT on its journalism, argues that training a commercial model is not "fair dealing" under Indian copyright law — that it does not qualify as permitted private, personal or research use, and that training an LLM involves copying and storing news content in a way that amounts to reproduction requiring a licence.

The case, filed in 2024, has already drawn court-appointed amici curiae on the scope of copyright over news content and OpenAI's scraping practices, with OpenAI countering that ChatGPT sends users back to ANI's own site. The Division Bench has listed the matter for further hearing on December 5.