Tremblay et al. v. OpenAI, Inc. et al., 3:23-cv-03223 (N.D. Cal.), lead case of In re OpenAI ChatGPT Litigation, now part of MDL No. 3143 (S.D.N.Y.)

Summary

Authors Paul Tremblay and Mona Awad filed this proposed class action against seven OpenAI entities in the Northern District of California on June 28, 2023, alleging that OpenAI copied their books without permission to train the models behind ChatGPT. Awad later voluntarily dismissed her claims. On February 12, 2024, the court granted in part and denied in part OpenAI's motions to dismiss in this case and the nearly identical Silverman case; OpenAI had not sought dismissal of the direct copyright infringement count. The court ordered Tremblay, Silverman and Chabon consolidated. On April 3, 2025, the Judicial Panel on Multidistrict Litigation transferred the case to the Southern District of New York as part of MDL No. 3143, where the authors' claims proceed in a consolidated class case. The claims remain allegations.

Key dates

1. June 28, 2023Filed
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Case 3:23-cv-03223 Document 1 Filed 06/28/23 Page 1 of 17

   Supports: docket number and filing date

   Plaintiffs Paul Tremblay and Mona Awad ("Plaintiffs"), on behalf of themselves and all others

   Supports: plaintiffs

   Complaint, Tremblay v. OpenAI, 3:23-cv-03223, ECF 1 U.S. District Court, N.D. Cal. (via CourtListener RECAP) Primary source

2. Plaintiff Mona Awad voluntarily dismissed her claims without prejudice. ECF 29.

   Supports: Awad's dismissal

   the Court hereby GRANTS in part and DENIES in part the motions to dismiss for

   Supports: February 2024 ruling on motions to dismiss

   The amended complaint shall consolidate the claims in 23-cv-3223-AMO (Tremblay et al. v.

   Supports: consolidation with Chabon and Silverman

   Order Granting in Part and Denying in Part the Motions to Dismiss, Tremblay v. OpenAI, 3:23-cv-03223-AMO, ECF 104 (12 Feb. 2024) U.S. District Court, N.D. Cal. (via CourtListener RECAP) Primary source

3. TREMBLAY, ET AL. v. OPENAI, INC., ET AL., C.A. No. 3:23-03223

   Supports: transfer to MDL No. 3143

   Transfer Order, In re OpenAI, Inc., Copyright Infringement Litigation, MDL No. 3143 (Doc. 85, 3 Apr. 2025) U.S. Judicial Panel on Multidistrict Litigation Primary source