Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
Media's AI Pivot
22OCT

Argentine court keeps Perfil's AI suit

3 min read
16:20UTC

A Buenos Aires civil court kept Editorial Perfil's damages suit against OpenAI and Microsoft out of the federal courts, Perfil reported on 14 October.

IndustryDeveloping
Key takeaway

Perfil's suit stays in Argentina's civil courts, where it seeks a pre-trial look at US servers.

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.

Deep Analysis

In plain English

Editorial Perfil is a big Argentine publisher of newspapers and magazines. It says OpenAI, which makes ChatGPT, and Microsoft, which works with OpenAI, used its articles to build artificial intelligence (AI) tools without paying. Perfil has sued them in a court in Buenos Aires. A judge there has agreed to hear the case rather than send it to a different court. Perfil is asking the judge to order an early look at the companies' computers in California to see how Argentine articles were used. It wants money, not the articles taken down.

Deep Analysis
Root Causes

Perfil's evidence problem drives its strategy. Proof of how Argentine material was used sits on servers in California, and a pre-trial evidence order, a 'prueba anticipada', is the Argentine civil procedure route to reach it before the merits are argued.

The choice of a civil court over the federal courts matters for the same reason. Judge Hernán Horacio Pagés now decides on the evidence order, and ADEPA's lawyers expected a ruling during October.

What could happen next?
  • Precedent

    If Civil Court No. 57 grants the evidence order, other Latin American publishers gain a local route to evidence held by US AI companies.

  • Risk

    OpenAI and Microsoft may contest jurisdiction again once they appear, reopening the civil-or-federal question.

First Reported In

Update #13 · USA Today sues OpenAI but not Microsoft

Perfil· 22 Oct 2026
Read original →
Different Perspectives
Publicis Groupe
Publicis Groupe
Publicis Groupe credited AI demand for its Connected Media growth in the 13 October third-quarter release, reporting net revenue of €3,808m, up 5.0% organically. It named no AI product, so investors get the AI claim without a product to measure it against.
Educational Broadcasting System
Educational Broadcasting System
Educational Broadcasting System premiered EBS AI Literature Theatre on 16 October, remaking 11 Korean literary classics with generative AI. Korea's public education broadcaster puts AI-made drama on air under its own name, while the BBC's director-general said he 'got in trouble' for praising an AI Doctor Who episode.
Hakuhodo
Hakuhodo
Hakuhodo began selling its in-house Image Similarity Checker on 19 October, scoring AI-generated ad creative against similar images on the web and logging who checked what. The Japanese agency is selling the compliance step around generative advertising and leaves the legal judgment with its clients.
Lisa Nandy
Lisa Nandy
Nandy told Sky on 15 October she is minded to issue a public interest intervention notice on its purchase of ITV's Media and Entertainment business, on four grounds including news plurality. She notes Comcast's Sky News undertakings expire in December 2028 and do not cover ITV News or ITN, in which Sky would take a 20% stake.
Australian Broadcasting Corporation
Australian Broadcasting Corporation
The Australian Broadcasting Corporation asked Parliament's AI committee to extend the News Bargaining Incentive to AI firms and hold them to the copyright, defamation and privacy rules news outlets follow. With SBS telling the same committee that robots.txt is routinely ignored, the public broadcasters are contesting the opt-out Anthropic proposed.
Editorial Perfil
Editorial Perfil
Perfil reported on 14 October that Civil Court No. 57 kept its damages suit against OpenAI and Microsoft out of the federal courts, and it wants a pre-trial inspection of their California servers. Its lawyer says Microsoft Argentina came to mediation without a serious offer, and Perfil seeks payment rather than takedowns.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.