Tremblay

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAUL TREMBLAY, et al., Case Nos. 23-cv-03223-AMO

8 Plaintiffs, 23-cv-03416-AMO

9 v. ORDER GRANTING IN PART AND

DENYING IN PART THE MOTIONS TO

10 OPENAI, INC., et al., DISMISS 11 Defendants.

12

13 This is a putative class action copyright case. OpenAI, Inc.’s motions to dismiss were 14 heard before this Court on December 7, 2023. Having read the papers filed by the parties and 15 carefully considered their arguments therein and those made at the hearing, as well as the relevant 16 legal authority, the Court hereby GRANTS in part and DENIES in part the motions to dismiss for 17 the following reasons. 18 I. BACKGROUND 19 Before the Court are two nearly identical putative class complaints in Tremblay et al v. 20 OpenAI, Inc. et al, 23-cv-3223 and Silverman et al v. OpenAI, Inc. et al, 23-cv-3416. Plaintiffs are 21 authors of books who allege that their books were used to train OpenAI language models that 22 operate the artificial…