As we have reported, Folha de S.Paulo filed the first Brazilian lawsuit against a generative AI company, alleging unauthorized use of its journalistic content to train and operate ChatGPT. The case is being closely followed, as it may establish important precedents for how Brazilian courts approach copyright and AI.

The judge granted OpenAI’s request for confidentiality and that the case be kept under closed seal, noting that the proceedings will involve trade secrets, strategic information, and technical details about the functioning of its systems.

The request for urgent preliminary relief was not granted at this stage. The judge found that irreparable harm had not yet been demonstrated. Instead, Folha was given the opportunity to substantiate its claims of urgency through evidence at a later stage.

The court has scheduled a hearing for October 14, 2025, with three purposes:

1. Attempt at conciliation between the parties;

2. Allow Folha to present evidence of irreparable harm in order to support its request for urgent relief;

3. Address procedural matters, including case management, if OpenAI’s full defense has already been filed by that date.

This outcome illustrates a cautious approach by the São Paulo business courts. While Brazilian judges are known for granting preliminary injunctions readily in IP disputes, in this instance the court has required a stronger evidentiary showing before taking extraordinary measures.

We will continue to monitor the case closely, particularly as it approaches the October hearing, and provide updates as new rulings emerge.

Disclaimer: This alert reflects the status of Folha de S.Paulo v. OpenAI as of September 3, 2025. The case remains ongoing, and future developments may significantly affect its course.