Here’s the latest status report of the copyright lawsuits against AI companies as of March 12, 2024.
We have a new lawsuit against Nvidia brought by three book authors in Abdi Nazemian v. NVIDIA Corp. That brings the total lawsuits filed to 19, 18 of which are pending (Huckabee’s lawsuit was voluntary dismissed by stipulation). The Joseph Saveri Law Firm has filed 6 of these lawsuits, including the one against Nvidia.
In the Tremblay lawsuit, Judge MARTÍNEZ-OLGUÍN denied the plaintiffs’ (highly unusual) motion to enjoin OpenAI from litigating in the Southern District of New York lawsuit involving other book authors in the Authors’ Guild v. OpenAI.
Please also visit our Master List of all lawsuits organized by jurisdictions.
| 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 |
| 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. |
| Doe 1 v. Github, Inc. | ND Cal. | Tigar | Defendants moved to dismiss 2d amended complaint claims under 1202 of DMCA and breach of contract. 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. |
| 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. |
| In re OpenAI ChatGPT Litigation, Case No. 23-cv-03223. Three cases consolidated and recaptioned above: Paul Tremblay v. OpenAI, Inc. Sarah Silverman v. OpenAI, Inc. consolidated Chabon v. OpenAI consolidated | ND Cal. | Araceli Martinez-Olguin | Order Denying Motion by Tremblay to Enjoin Defendants from Litigating in SDNY 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. |
| Abdi Nazemian v. NVIDIA Corp. | N.D. Cal. | TBD | Complaint filed (Mar. 8, 2024) |
| Huckabee v. Meta Platforms Inc (dismissed without prejudice and tolling) | ND Cal. (transferred from SDNY) | Tse | Order by Judge Vince Chhabria granting #105 Stipulation of Dismissal without Prejudice and Tolling Agreement |
| Concord Music Group, Inc. et al v. Anthropic PBC | M.D. Tenn. | Crenshaw Jr. | Various motions and oppositions for leave to file amicus curiae brief re: motion for preliminary injunction. 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) |
| Authors Guild v. Open AI Alter v. OpenAI, Microsoft, formerly Julian Sancton v. OpenAI, Microsoft consolidated with Authors Guild v. OpenAI plus Basbanes v. Microsoft below | SNDY | Stein | Letter from Microsoft counsel re: Judge Martinez-Olguin’s order denying motion to enjoin litigating in SDNY Answer filed by OpenAI (Feb. 16, 2024) Answer filed by Microsoft (Feb. 16, 2024) CONSOLIDATED COMPLAINT filed (Feb. 2, 2024). Fact discovery, expert discovery, and the briefing of any motion for summary judgment will be completed on or before February 28, 2025. |
| Basbanes v. Microsoft consolidated for pretrial purposes pursuant to Fed. R. Civ. P. 42. with Authors Guild v. OpenAI above | SDNY | Stein | Letter from Microsoft counsel re: Judge Martinez-Olguin’s order denying motion by Tremblay to enjoin litigating in SDNY Complaint filed (Jan. 5, 2024) |
| New York Times v. Microsoft | SDNY | Stein | New York Times letter requesting oral argument on motion to dismiss (Mar. 11, 2024). Defendant filed motion to dismiss (Feb. 26, 2024). Complaint filed (Dec. 28, 2023) |
| Raw Story Media, Inc. v. OpenAI | SDNY | Cousins, MJ | Complaint filed (Feb. 28, 2024) |
| Intercept Media Inc. v. OpenAI | SDNY | Rakoff | Complaint filed (Feb. 28, 2024) |
To download this week’s status report, click below:
2 responses to “Status of all copyright lawsuits v. AI (Mar. 12, 2024)”
Thanks for the tracker. The Joseph Saveri Law Firm filed another lawsuit on March 8, beyond the one against NVIDIA: case is O’Nan v. Databricks, 3:24-cv-01451 (N.D. Cal.). Also, the Huckabee v. Meta Platform case has not been fully dismissed; the transfer from S.D.N.Y. was just with respect to the Meta and Microsoft defendants; the claims against the other co-defendant, Bloomberg, was not transferred, and the case is therefore still ongoing in S.D.N.Y. In fact, there is a CMC that is going to happen next week in that case (1:23-cv-09152).
Much appreciated. Will correct.