Judge Sets Friday Deadline for OpenAI to Answer Plaintiff's Motion to Relate Case

U.S. District Judge Araceli Martinez-Olguin ordered OpenAI to file a response to plaintiff Paul Tremblay’s motion to relate (see 2307200047) a copyright infringement case with comic Sarah Silverman’s class action, said her text-only order (docket 3:23-cv-03223) Wednesday in U.S. District Court for Northern California in San Francisco. OpenAI may file an opposition, a statement of support, or a statement of non-opposition by 3 p.m. PDT Friday. Plaintiffs in both cases allege OpenAI and several of its subsidiaries engaged in the 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, Tremblay's motion said.