Calcutta HC: ChatGPT an "Originator," Not Intermediary

The Calcutta High Court has ruled that ChatGPT's output makes it an "originator" rather than an "intermediary." This decision came in the case of Indiamart Inter Mesh Ltd versus OpenAI Inc. The court called this question "complicated and vexed." It dismissed IndiaMart's request for interim relief, which had alleged commercial harm and selective exclusion by ChatGPT. What's interesting is that the court's view challenges existing safe-harbor rules designed for platforms that primarily host or transmit third-party content. ChatGPT and similar AI models generate synthesized answers, rather than just linking to external content. IndiaMart claimed ChatGPT showed links to competitors while omitting or deprioritizing its own listings. The bottom line is this judgment could significantly impact how liability is assigned to AI systems that create new content, rather than just relaying information.