Issue #58: Play By Our Rules!
Welcome to the 58th edition of OIA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
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Indian news agency ANI has just sued OpenAI for unsanctioned content use in AI training in India.
🍿 What Happened?
ANI claims that ChatGPT has been helping itself to the agency's five-decade-old content buffet – interviews, articles, and exclusive statements – and "refused to obtain a lawful license or permission" for the use of original works by ANI.
Even worse, the chatbot had also been caught fabricating news stories and making false claims of articles being published by ANI, threatening ANI's hard-earned reputation.
Easy to see why ANI isn’t pleased.
👀 Thoughts
ANI’s case is just another lawsuit to add to the growing list of lawsuits that OpenAI already faces thanks to The New York Times and The Chicago Tribune.
Will this case crack open the Pandora's box of AI copyright law in Asia?
It’s anyone’s guess.
All we know is that the next hearing has been scheduled for 28 January so let’s keep our eyes peeled!
Don’t Discriminate!
Let’s talk about hiring discrimination.
🍿 What Happened?
Taiwan Semiconductor Manufacturing Co., a Taiwanese chip firm that has received $6 billion in US federal funding, has been accused by over a dozen employees of systematic hiring discrimination.
Specifically, the plaintiffs claim that the hiring practices systematically marginalise non-Asian, non-Taiwanese professionals - mandating Mandarin or Chinese language skills even when it is unnecessary for the role.
In addition, Mandarin was allegedly also used to exclude non-Mandarin speakers and hinder their career advancement.
The lawsuit was initially filed in August but was refiled earlier this month as a class action case with 13 named plaintiffs from the US, Mexico, Nigeria, Europe and South Korea.
👀 TL;DR
Don’t discriminate!
You Are Not Exempted!
Nigeria just got a reality check from a British Virgin Islands court.
🍿 What Happened?
In 2010, a Chinese firm, Zhongshan Fucheng Industrial Investment Co. Ltd, secured rights to develop a free trade zone in Ogun State, Nigeria and later established a Nigerian entity (Zhongfu International Investment (NIG) FZE) to manage the project under the authority of the Ogun State government in 2011.
In July 2016, the Ogun State government terminated the appointment. Zhongfu consequently initiated an investment treaty arbitration under the China-Nigeria Bilateral Investment Treaty (“BIT”), arguing breach of contract.
The arbitration tribunal sided with Zhongfu, awarding it approximately USD 70 million in compensation..
Nigeria has repeatedly argued for sovereign immunity but courts in multiple jurisdictions - UK, France, Canada, Belgium, and now the British Virgin Islands - have systematically dismantled this argument.
Each ruling has effectively affirmed the fact that when you sign an international treaty, you're playing by global rules.
👀 What This Means
The British Virgin Islands High Court granted Zhongshan the right to seize USD 25 million of Nigeria's foreign assets based on a treaty clause requiring both parties to "commit to the enforcement of the award."
Given that Nigeria intends to appeal, this saga isn’t over just yet!
Spotlight: Edern Coënt
Edern Coënt is a Senior Associate at Mayer Brown who specialises in international arbitration.
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