OpenAI Challenges Canadian Lawsuit on AI Training, Seeks U.S. Court Jurisdiction
September 10, 2025
The case highlights ongoing tensions between AI companies and news publishers over content rights and jurisdictional authority.
The outcome could influence future international copyright law and the regulation of cross-border AI training activities.
They also stress that different courts applying their standards should not produce conflicting results on the case's facts.
Canada is currently consulting on AI training and copyright legislation, with tech giants requesting exemptions to use copyrighted materials without permission.
While recognizing potential conflicts, both parties believe their case can be settled without conflicting legal outcomes.
The case involves complex legal issues such as server locations and digital protections, raising broader questions about jurisdiction in the digital economy and Canadian sovereignty.
The news publishers argue there is a 'real and substantial' connection to Ontario, citing that most journalistic content was produced and stored there, with much of the scraping occurring within the province.
This dispute underscores the importance of jurisdictional considerations in international legal battles involving technology firms and media organizations.
OpenAI is contesting a Canadian lawsuit brought by news publishers over AI training, arguing that the case should be heard in U.S. courts because the alleged conduct took place outside Ontario, and Canadian copyright law does not apply extraterritorially.
Both sides acknowledge the possibility of conflicting rulings between U.S. and Canadian courts but believe their case can be resolved without such conflicts.
The publishers argue that jurisdiction should be based on facts rather than court location, emphasizing that different legal standards should not lead to conflicting decisions.
The Canadian publishers seek damages, profits from OpenAI, and an injunction to prevent future use of their content, estimating damages could exceed $20 million for over 10 million works since 2015.
Summary based on 20 sources
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Sources

Global News • Sep 10, 2025
OpenAI wants lawsuit by Canadian news outlets moved from Ontario to U.S.
The Globe and Mail • Sep 10, 2025
OpenAI copyright lawsuit should be heard in the U.S. instead of Ontario, company lawyers say
Yahoo Finance • Sep 10, 2025
OpenAI argues Canadian news publishers’ lawsuit should be heard in U.S.
Vancouver Is Awesome • Sep 10, 2025
OpenAI argues Canadian news publishers’ lawsuit should be heard in U.S.