New Delhi, Aug 27: Artificial intelligence (AI) can substitute neither the human intelligence nor the humane element in the adjudicatory process, the Delhi High Court has held and said ChatGPT can't be the basis of adjudication of legal or factual issues in a court of law.
Justice Prathiba M Singh stated that the accuracy and reliability of AI generated data is still in the grey area and at best, such a tool can be utilised for a preliminary understanding or for preliminary research.
The court's observations came while dealing with a lawsuit by luxury brand Christian Louboutin against a partnership firm involved in the manufacture and sale of shoes allegedly in violation of its trademark.
The counsel for the plaintiff submitted that "Red Sole Shoe" was its registered trademark in India and placed before court responses by ChatGPT with respect to its "reputation".
"The said tool (ChatGPT) cannot be the basis of adjudication of legal or factual issues in a court of law. The response of a Large Language Model (LLM) based chatbots such as ChatGPT, which is sought to be relied upon by the Counsel for the Plaintiff, depends upon a host of factors including the nature and structure of query put by the user, the training data, etc. Further, there are possibilities of incorrect responses, fictional case laws, imaginative data etc. generated by AI chatbots," said the court in a recent order.
"Accuracy and reliability of AI generated data is still in the grey area. There is no doubt in the mind of the Court that at the present stage of technological development, AI cannot substitute either the human intelligence or the humane element in the adjudicatory process. At best the tool could be utilised for a preliminary understanding or for preliminary research and nothing more," the court observed.
Based on the comparative analysis of the products of the two parties, the court ultimately ruled that the defendant had a "clear intention to imitate and gain monetarily on the strength of the reputation and goodwill" of the plaintiff.
"This Court has no doubt that the products of the Defendant are knock-offs or look-alikes of the Plaintiff's distinctive shoes and footwear. The Defendant has copied all the essential features of the Plaintiff's footwear such as 'Red Sole', 'Spiked Shoe Style', as also the prints. The imitation is not of one or two designs but of a large number of designs as the chart above indicates," the court said.
The defendant agreed to undertake that it shall not copy or imitate any of the designs of the plaintiff's shoes and the court directed that in case of any breach of this undertaking, the defendant would be liable to pay Rs 25 lakh as damages to the plaintiff.
Considering that the defendant was also using the pictures of well-known Bollywood celebrities on its Instagram account and also displayed/sold the shoes in high-end malls, it was directed that the defendant shall pay a sum of Rs 2 lakh as costs to the plaintiff.
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Mumbai (PTI): Ryan Rickelton's whirlwind unbeaten ton was overshadowed by Heinrich Klaasen's unbeaten 65 as Sunrisers Hyderabad defeated Mumbai Indians by six wickets in an IPL match here on Wednesday.
Chasing an imposing 244-run target, Travis Head (76 off 30) and Abhishek Sharma (45 off 24) shared 129 runs for the opening wicket to set the platform for SRH.
Klaasen (65 not out off 30 balls) then displayed his all-round hitting abilities to guide SRH home with the help of Nitish Kumar Reddy (21) and Salil Arora (30 not out off 10) in 18.4 overs.
Earlier, Rickelton's knock powered MI to 243 for five.
MI rode on a 93-run stand between Rickelton (123 not out off 55 balls) and Will Jacks (46 off 22) in 7.1 overs for the opening stand to power the side.
MI skipper Hardik Pandya scored a valuable 31 off 15 balls before being dismissed.
Praful Hinge (2/54), Eshan Malinga (1/29), Sakib Hasan (1/39) and Nitish Kumar Reddy (1/31) were the wicket-takers for SRH.
Brief Scores:
Mumbai Indian: 243 for 5 in 20 overs (Ryan Rickelton 123 not out; Praful Hinge 2/54).
Sunrisers Hyderabad: 249 for 4 in 18.4 overs (Travis Head 76, Heinrich Klaasen 65 not out; AM Ghazanfar 2/51).
