Artificial intelligence cannot be a substitute for either human intelligence or the humane element in adjudication, the Delhi High Court said and refused to rely on ChatGPT responses in a suit filed by Christian Louboutin, a French luxury company, over its unique “red sole” shoes design.
The response of “large language model-based chatbots” such as ChatGPT depends on the nature and structure of query put by the user and several other factors, the court said. This leads to the possibility of incorrect responses, fictional case laws and imaginative data being generated, it said while deciding the suit against Shutiq, which manufactures shoes with similar designs.
“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,” Justice Prathiba M Singh said.
The responses to two queries put to ChatGPT were accompanied by a disclaimer to search the internet or explore other sources for additional information, according to the judgement. “The above responses from ChatGPT as also the one relied upon by the plaintiffs shows that the said tool cannot be the basis of adjudication of legal or factual issues in a court of law,” the court said.
The court recorded the statement of one partner of Shutiq said the shoe designs were used on a “made to order” basis and the company will not imitate or copy, manufacture or sell shoes that are imitative of the luxury shoe brand’s designs, in future.
The shoes should be a “colourable or a slavish imitation” of the luxury brand’s designs for an injunction to be granted, Justice Singh said.
