Canada Sues OpenAI Over ChatGPT's Alleged Copyright Infringement

Canada's largest media companies have jointly filed a lawsuit against OpenAI, accusing the tech giant of unauthorized use of their content to train its AI models.

TECHNEWS

12/2/20242 min read

a close up of a computer screen with a message on it
a close up of a computer screen with a message on it

In a landmark legal move, Canada's largest media companies have jointly filed a lawsuit against OpenAI, the creator of ChatGPT, accusing the tech giant of unauthorized use of their content to train its AI models. The case, potentially worth billions, claims that OpenAI engaged in "strip-mining journalism" by scraping copyrighted articles without consent. This lawsuit marks the first of its kind in Canada and underscores the growing tension between AI developers and content creators worldwide.

The plaintiffs include prominent organizations such as the Globe and Mail, CBC, and the Toronto Star. They argue that OpenAI’s practice of using publicly available articles to train ChatGPT constitutes copyright infringement and unjust enrichment. According to the lawsuit filed in the Ontario Superior Court of Justice, the media companies seek up to CAD $20,000 per article used and demand a share of OpenAI’s profits derived from their content. They also call for an injunction to prevent further use of their material.

This legal action mirrors similar lawsuits in the United States, where the New York Times and other publishers have accused OpenAI and Microsoft of similar copyright violations. The Canadian media coalition contends that OpenAI ignored technological safeguards such as paywalls and copyright disclaimers, effectively bypassing efforts to protect their intellectual property. OpenAI has maintained that its training methods fall under "fair use," a defense that will likely be scrutinized under Canadian copyright law.

The case has sparked significant debate about the ethical and legal boundaries of AI development. Supporters argue that generative AI models rely on vast datasets to improve their capabilities and innovation. However, critics assert that using copyrighted material without compensation threatens the future of journalism by devaluing original content. As Paul Deegan, president of News Media Canada, stated, “They are free-riding on the backs of news publishers who invest real money to employ real journalists.”

This lawsuit could set a critical precedent for AI and copyright law, influencing how tech companies source and utilize data globally. If successful, it may lead to stricter regulations and compel AI developers to establish fair licensing agreements with content creators. As the case unfolds, all eyes are on Canada to see whether this legal challenge will reshape the relationship between artificial intelligence and the media industry.