OpenAI Argues Canadian News Publishers’ Lawsuit Should Be Heard in U.S.

OpenAI is set to argue in an Ontario court that a copyright lawsuit filed by Canadian news publishers over the use of their content to train ChatGPT should instead be heard in a U.S. courtroom.

The case, brought by a coalition including The Canadian Press, Torstar, The Globe and Mail, Postmedia, and CBC/Radio-Canada, is the first of its kind in Canada. The publishers allege OpenAI unlawfully scraped and used Canadian news content without permission or compensation, breaching copyright law.

OpenAI, headquartered in San Francisco, is challenging Ontario’s jurisdiction. The company’s court filings state that its subsidiaries are incorporated in Delaware and that all alleged activities — AI model training and automated web crawling — occurred outside Ontario. It argues Canadian copyright law does not apply to conduct outside the country.

The publishers disagree, arguing the case has a “real and substantial connection” to Ontario. They stress that most of their content is created and owned in Ontario, and that OpenAI’s scraping also occurred within the province.

The dispute touches on broader questions about digital jurisdiction, copyright, and national sovereignty. The publishers warn that accepting OpenAI’s argument would mean Canada cedes authority over significant parts of its digital economy. OpenAI counters that such rhetoric is irrelevant to the legal issues at hand.

This case comes as AI copyright lawsuits multiply worldwide. U.S. courts are still weighing whether training AI systems on copyrighted works can fall under “fair use.” OpenAI says inconsistent rulings across borders could cause legal conflicts, further underscoring the need for clarity.

The Ontario Superior Court’s decision on jurisdiction could set a major precedent for how Canada handles AI, copyright, and cross-border digital disputes.