Judge Orrick dismisses copyright claims v. DeviantArt, Midjourney in Anderson case

In a partial victory for the defendants DeviantArt and Midjourney, Judge Orrick granted their motions to dismiss the copyright claims against them brought in the Sarah Anderson v. Stability AI proposed class action. However, Stability AI’s motion to dismiss was denied. Judge Orrick granted the defendants leave to amend their complaint.

  1. Copyright claim against Stability AI survives.
  2. Copyright claim against DeviantArt dismissed with leave to amend.
  3. Copyright claim against Midjourney dismissed with leave to amend.
  4. DMCA CMI removal claim dismissed with leave to amend.
  5. Breach of contract claim against DeviantArt dismissed with leave to amend.
  6. Right of publicity claim against all defendants dismissed with leave to amend.
  7. Unfair competition claim against all defendants with dismissed leave to amend.
  8. Proposed class action survives.

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