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Judge Araceli Martinez-Olguin grants in part OpenAI’s motion to dismiss Paul Tremblay’s and Sarah Silverman’s vicarious copyright claims, removal of CMI claims

OpenAI scored a partial victory in the copyright lawsuits against it brought by book authors Paul Tremblay, Sarah Silverman, and other authors seeking a class action.

Judge Araceli Martinez-Olguin ruled that the plaintiffs had failed to allege specific facts to meet the requirements of vicarious copyright infringement, or the claims for removal of copyright management information under Section 1202(a) and (b)(3). The court also dismissed the claims for negligence and unjust enrichment. But the court granted leave to amend for the plaintiffs to file an amended complaint consolidating three cases into one proceeding: the claims in 23-cv-3223-AMO (Tremblay et al. v. OpenAI, Inc. et al.), 23-cv-04625-AMO (Chabon et al. v. OpenAI, Inc. et al.), 23-cv-03416 (Silverman et al. v. OpenAI, Inc. et al.).

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