Plaintiff in OpenAI Copyright Infringement Class Action Moves to Relate Cases

Comic Sarah Silverman’s copyright infringement class action should be related to the similar Tremblay v. OpenAI class action (see 2306300032), said plaintiff Paul Tremblay Wednesday in an administrative motion (docket 3:23-cv-03223) to consider whether cases should be related in U.S. District Court for Northern California in San Francisco. Plaintiffs in both cases allege OpenAI and several of its subsidiaries engaged in creation, maintenance and operation of ChatGPT software in violation of the Digital Millennium Copyright Act (DMCA). Both actions assert defendants violated plaintiffs’ rights under the DMCA by removing copyright management information (CMI) from the infringed works and redistributing those works via ChatGPT without CMI or with false CMI, said the motion. Both lawsuits claim vicarious copyright infringement, unfair competition, negligence and unjust enrichment and request damages, declaratory judgment and injunctive relief. Not relating the cases will result in duplication of efforts, increased burden on the courts and expense for the parties, the motion said. Five of the seven defendants in the Tremblay action have been served but haven't appeared; as a result, plaintiffs can’t seek a stipulation nor confirm whether any or all defendants plan to oppose the motion, it said.