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Gavel, court hammer

Artist Sarah Anderson faces setback in lawsuit v. Stability AI, Midjourney, DeviantArt. Judge Orrick inclined to dismiss most of claims, but allow amended complaint

Big news yesterday in the artist Sara Anderson’s proposed class action against Stability AI, Midjourney, and DeviantArt.

At the hearing for defendants’ motion to dismiss some of the claims brought by Anderson, Judge Orrick indicated that he agrees with the defendants’ motion and is inclined to dismiss most of the claims without prejudice, meaning the plaintiffs’ can file an amended Complaint to fix the deficiencies in factual allegations. A written order will follow.

The summary of the hearing can be found here.

The defendants did not move to dismiss the claims based on the training of AI on copyrighted materials, so those claims are ongoing. The defendants’ motion to dismiss relates to the alleged infringement in the output of images on the AI platforms (not the input or ingestion).

You can find the court’s docket here.

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