Here’s the latest status report of the U.S. copyright lawsuits against AI companies as of Feb. 18, 2024. The biggest development was Judge Araceli Martinez-Olguin’s granting in part OpenAI’s motion to dismiss the vicarious infringement claims, Section 1202 copyright management information claims, and some state law claims.
Status of U.S. Copyright Lawsuits v. AI Cos.
| Case name | Jurisdiction | Judge | Latest status |
| Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. | D. Del. | Bibas | Trial on the copyright issues will begin on August 26, 2024, at 9:00 a.m. in Wilmington, Delaware and will last five days. Jury selection on August 23, 2024, at 10:00 a.m. Pending motions for SJ on defendant’s antitrust claims |
| Doe 1 v. Github, Inc. | ND Cal. | Tigar | Stipulated order: 1. Plaintiffs’ oppositions to any motion(s) filed by Defendants in response to the SAC shall be due March 27, 2024. 2. Defendants’ replies to any such motions shall be due April 10, 2024.. Plaintiffs filed Second Amended Complaint (Jan. 24, 2024) after Judge Tigar granted in part Github, Microsoft’s motion to dismiss, leaving only 3 claims for breach of contract and unfair competition. [Summary] |
| Sarah Andersen v. Stability AI Ltd | ND Cal. | Orrick | Runway AI filed MTD (Feb. 8, 2024). DeviantArt filed MTD (Feb. 8, 2024). Stability AI filed MTD (Feb. 8, 2024). Midjourney filed MTD (Feb. 8, 2024). 1) The deadline for Plaintiffs to respond to motions to dismiss is March 21, 2024 2) The deadline for Defendants to file Replies in support of any motions to dismiss is April 18, 2024. 3) Hearing on any Motion to Dsimiss set for 5/8/2024 02:00 PM via Videoconference before Judge William H. Orrick, regarding First Amended Complaint. |
| Getty Images (US), Inc. v. Stability AI Ltd | D. Del. | Hall | NOTICE to Take Deposition of Peter O’Donoghue on February 22, 2024 filed by Getty Images. Defendants’ Motion to Dismiss or Transfer (D.I. 16 ) is DISMISSED without prejudice to re-file after the conclusion of jurisdictional discovery. Case reassigned to Judge Jennifer Hall. |
| Richard Kadrey v. Meta Platforms, Inc. Chabon v. Meta Platforms consolidated with Kadrey v. Meta Platforms above | ND Cal. | Chhabria | For the reasons discussed at the 1/25/2024 hearing, the 65 Motion to Appoint Lead Plaintiff and Lead Counsel is denied without prejudice. First Amended Complaint filed on Dec. 11, 2023. |
| Paul Tremblay v. OpenAI, Inc. Sarah Silverman v. OpenAI, Inc. consolidated Chabon v. OpenAI consolidated Three cases consolidated and recaptioned In re OpenAI ChatGPT Litigation, Case No. 23-cv-03223. | ND Cal. | Araceli Martinez-Olguin | Order Granting in Part OpenAI’s motion to dismiss vicarious infringement claim, Section 1202 CMI claims, negligence, and unjust enrichment. Granted leave to amend for the plaintiffs to file an amended complaint consolidating three cases into one proceeding now captioned In re OpenAI ChatGPT Litigation: 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.). Pretrial Order No. 1 with stipulation and Order to consolidate cases |
| J.L. v. Alphabet Inc | ND Cal. | Araceli Martinez-Olguin | Google filed motion to dismiss some claims (Feb. 9, 2024) ORDER GRANTING AS MODIFIED 31 STIPULATION to Continue Case Management Conference and Authorize Briefs in Excess of Default Page Limits. Case Management Statement due by noon on 5/30/2024. Initial Case Management Conference set for 6/6/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. First Amended Complaint filed on January 5, 2024. |
| Authors Guild v. Open AI Julian Sancton v. OpenAI, Microsoft consolidated with Authors Guild v. OpenAI | SNDY | Stein | Answer filed by OpenAI (Feb. 16, 2024) Answer filed by Microsoft (Feb. 16, 2024) CONSOLIDATED COMPLAINT filed (Feb. 2, 2024). Joint Stipulation re motions for SJ, class certfication, and discovery schedule The Parties stipulate and agree, and upon entry of this stipulation by the Court, it is hereby ordered, that fact discovery, expert discovery, and the briefing of any motion for summary judgment will be completed on or before February 28, 2025. |
| Huckabee v. Meta Platforms Inc | SDNY transferred to ND Cal. | Tse | Case transferred in from District of New York Southern; Case Number 1:23-cv-09152. Case Management Statement due by 3/22/2024. Initial Case Management Conference set for 3/29/2024 02:00 PM in San Francisco, Courtroom A, 15th Floor |
| Concord Music Group, Inc. et al v. Anthropic PBC | M.D. Tenn. | Crenshaw Jr. | ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 11/18/2025 at 09:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Exhibit List due by 11/3/2025. Witness List due by 11/3/2025. Pretrial Conference is set for 11/10/2025 at 10:00 AM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 11/3/2025. Anthropic’s Motion to Dismiss (Nov. 22, 2023) Plaintiffs’ Response (Jan. 22, 2024) Anthropic’s Reply (Feb. 14, 2024) Plaintiffs’ Motion for Preliminary Injunction (Nov. 16, 2023) Anthropic’s opposition (Jan. 15, 2024) Plaintiffs’ Reply (Feb. 14, 2024) |
| New York Times v. Microsoft | SDNY | Stein | Defendants’ lawyers filed notices of appearances Complaint filed (Dec. 28, 2023) |
Click the link below to download a PDF of this status report.
