A Buenos Aires civil court has taken Editorial Perfil's damages suit against OpenAI and Microsoft, rejecting a prosecutor's suggestion to send it to the federal courts, according to Perfil's own report on 14 October1. The case sits with Civil Court No. 57 under Judge Hernán Horacio Pagés. Perfil is a Buenos Aires magazine and newspaper publisher.
Perfil has asked for a pre-trial evidence order to have OpenAI's and Microsoft's servers in California examined for how Argentine material was used. In US litigation, inspection of that kind usually comes through discovery, which often waits on a defendant's motion to dismiss (its bid to have the case thrown out). A Buenos Aires order could get there first.
Perfil claims an unquantified sum because lost advertising revenue is hard to measure, and says it wants payment rather than takedowns. Its lawyer Gonzalo Vidal Devoto says a formal letter to the US went unanswered and that Microsoft Argentina came to mediation without a "propuesta seria", a serious offer. The publishers' association ADEPA (Asociación de Entidades Periodísticas Argentinas) backs the suit. Every procedural detail here comes from the plaintiff, and neither OpenAI nor Microsoft has given its side. In New York the same two companies face The New York Times, which books its generative-AI litigation costs in its quarterly results.
