Court allows news publishers' copyright lawsuit against OpenAI to go ahead

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The Ontario Court of Appeal is allowing a copyright lawsuit filed by Canadian news publishers against OpenAI to proceed in that province after dismissing an appeal by the company.

A coalition of Canadian news outlets which includes The Canadian Press, Torstar, The Globe and Mail, Postmedia and CBC/Radio-Canada launched the lawsuit two years ago.

OpenAI, the company behind ChatGPT, put forward a jurisdictional challenge and argued the case should be heard in a U.S. courtroom instead. The Ontario Superior Court of Justice concluded the court does have jurisdiction to hear the case.

OpenAI appealed the decision and the court dismissed that appeal Friday.

The decision said OpenAI did not file any evidence showing a judgment in Canada would conflict with any existing United States laws, which would complicate enforcement.

It also said the judge found “the fair and efficient working of the Canadian legal system favoured allowing Canadian authors to bring claims against foreign companies for breaches of Canadian laws.”

Earlier this year, Postmedia, Torstar, The Globe and Mail and The Canadian Press launched a separate lawsuit against AI company Anthropic.

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