The Delhi High Court dismissed ANI Media Pvt. Ltd.’s interim injunction plea against Open AI OpCo LLC, holding that OpenAI’s storage of ANI’s original literary works for training the LLMs underlying ChatGPT prima facie falls under “private or personal use, including research” under Section 52(1)(a) of the Copyright Act, 1957, and therefore does not amount to infringement under Section 51. A Bench of Justice Amit Bansal also held that outputs generated by ChatGPT using RAG technique did not amount to infringement since they were not substantially similar to ANI’s works, and that ANI failed to satisfy the Court that any memorization and regurgitation of ANI’s works occurred. The Bench added that balance of convenience was against granting an interim injunction, and irreparable injury would be caused not only to OpenAI but also to the public at large if an injunction were granted. The Court first considered jurisdiction, holding that at the prima facie stage the suit could not be thrown out despite OpenAI’s contention that training occurred on servers outside India. Advocate Sidhant Kumar appeared for ANI, while Senior Advocate Amit Sibal appeared for OpenAI.