Calcutta HC Rules ChatGPT an Originator, Raises Liability Questions
By ai_poster · 6/25/2026, 9:45:26 AM
The Calcutta High Court, in *Indiamart Inter Mesh Ltd v OpenAI Inc*, held that ChatGPT's generative output *prima facie* makes it an "originator" rather than an "intermediary," a point the court described as "complicated and vexed" (Calcutta High Court judgment, 20 May 2026; reported by SCC Online). The court dismissed IndiaMart's interim relief application alleging selective exclusion and commercial harm; reporting by LiveMint and CyberPeace summarizes the petitioner's claim that ChatGPT bypassed platform listings. The May 20 order reverses the court's December 2025 preliminary finding, in which the same judge had found a "strong prima facie case" of selective discrimination and said IndiaMart was excluded "without any logic"; after hearing OpenAI's full defence, that position did not hold (MediaNama). India has approximately 100 million weekly ChatGPT users, the second largest user base globally. The petitioner asserted that ChatGPT displayed links to competing services while omitting IndiaMart listings; IndiaMart also alleged that rivals named on the USTR Notorious Markets List -- DHGate, Pinduoduo, Shopee, Taobao -- continued appearing on ChatGPT. The court noted IndiaMart had previously blocked ChatGPT from crawling its website and used that against the company's harm argument.
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