Here’s the latest (and greatest) status report of all 20 copyright lawsuits against AI companies.
- The main development was the Joseph Saveri Law Firm’s notice of filing an interlocutory appeal to the Second Circuit of Judge Stein’s denial of their motion to intervene in the Southern District of New York. Saveri’s motion was filed to intervene in several New York lawsuits involving book authors (filed respectively by the Authors Guild, Alter, Basbanes) and in the New York Times lawsuit against OpenAI and Microsoft. The Saveri Law Firm represents the book authors who filed proposed class action lawsuits in the Northern District of California, now consolidated as In re OpenAI ChatGPT Litigation, Case No. 23-cv-03223.
- The Saveri Law Firm also just filed their Opposition to the motion to dismiss the first amended consolidated complaint in In re OpenAI ChatGPT Litigation.
- The Plaintiffs in the music lawsuit, Concord Music Group v. Anthropic, filed a somewhat curious motion to ascertain the status of their pending motion for preliminary injunction. Basically, the motion asks “that the Court advise the parties of the status of the pending Motion for Preliminary Injunction and Motion for Oral Argument, which will allow the parties to prepare for an efficient presentation at oral argument or an evidentiary hearing, should the Court determine that either is appropriate.” Chief Judge Crenshaw, Jr., presides over this case. (I’m not familiar with local practices in Nashville, but I would have just called his law clerk.)
Please visit our Master List of all lawsuits organized by jurisdictions.
The new developments from last week’s report are noted in the chart below by an asterisk*
| 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 (Jan. 26, 2024). |
| Doe 1 v. Github, Inc. | ND Cal. | Tigar | Doe 1 Opp. to Microsoft’s MTD (Mar. 27, 2024) Doe 1 Opp. to OpenAI MTD (Mar. 27, 2024) – hearing on May 16, 2024, 2 PM Defendants moved to dismiss 2d amended complaint claims under 1202 of DMCA and breach of contract. Stipulated order: 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 | Plaintiffs’ Opp. to Runway AI’s MTD (Mar. 21,2024) Plaintiffs’ Opp. to DeviantArt’s MTD (Mar. 21, 2024) Plaintiffs’ Opp. to Stability AI’s MTD (Mar. 21, 2024) Plaintiffs’ Opp. to Midjourney’s MTD (Mar. 21, 2024) 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 | ORDER by Magistrate Judge Thomas S. Hixson granting Stipulation re: electronic discovery.* For the reasons discussed at the 1/25/2024 hearing, the 65 Motion to Appoint Lead Plaintiff and Lead Counsel is denied without prejudice. Meta Answer (filed Jan. 10, 2024) First Amended Complaint filed 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 | Plaintiffs’ Opposition to MTD (filed April 10, 2024)* OpenAI’s motion to dismiss 1st amended consolidated complaint (Mar. 27, 2024) -hearing Aug. 1, 2024, 2 PM Motion to Appoint Lead Plaintiff and Lead Counsel Hearing set for 5/2/2024 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Plaintiffs’ First Consolidated Amended Complaint filed (Mar. 13, 2024) 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. Pretrial Order No. 1 with stipulation and Order to consolidate cases |
| J.L. v. Alphabet Inc | ND Cal. | Araceli Martinez-Olguin | Google reply (filed April 5, 2024), hearing for May 16, 2024, 2 PM* Plaintiffs’ Opp. to Google MTD (filed Mar. 15, 2024, hearing set for May 16, 2024, 2 PM PDT, Courtroom 10) 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. | Tigar | ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge Jon S. Tigar granting 25 Stipulation. Responses due by 5/17/2024* CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 6/11/2024. Initial Case Management Conference set for 6/18/2024 02:00 PM in Oakland, – Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. Complaint filed (Mar. 8, 2024) |
| O’Nan v. Databricks, Mosaic ML | N.D. Cal. | Breyer | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/30/2024. Initial Case Management Conference set for 6/6/2024 10:30 AM in San Francisco, Courtroom F, 15th Floor. (cjl, COURT STAFF) (Filed on 3/11/2024) (Entered: 03/11/2024) Complaint filed (Mar. 8, 2024) |
| Huckabee v. Meta Platforms Inc (dismissed without prejudice and tolling). *SDNY case v. Bloomberg oingoing | 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. | Plaintiffs’ Motion to Ascertain Status (filed April 12, 2024)* 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 | California Plaintiffs’ Notice of Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)* Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024) 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 | California Plaintiffs’ Notice of Interlocutory Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)* Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024) Complaint filed (Jan. 5, 2024) |
| New York Times v. Microsoft | SDNY | Stein | California Plaintiffs’ Notice of Interlocutory Appeal to Second Circuit re: denial of motion to intervene in SDNY lawsuit (filed April 13, 2024)* Judge Stein order denying California plaintiffs’ motion to intervene (filed April 1, 2024) Microsoft reply to New York Times Opp. (Mar. 25, 2024) OpenAI reply to New York Times Opp. (Mar. 18, 2024) New York Times opposition to OpenAI’s motion to dismiss (Mar. 18, 2024) Defendant filed motion to dismiss (Feb. 26, 2024). Complaint filed (Dec. 28, 2023) |
| Huckabee v. Bloomberg | SDNY | Garnett | Bloomberg motion to dismiss (Mar. 22, 2024) Plaintiffs’ opposition to the motion to dismiss shall be due April 19, 2024; Defendants’ reply in support of their motion to dismiss shall be due May 3, 2024. It is further ORDERED that discovery shall be stayed during the pendency of briefing on the motion to dismiss. Any party seeking to lift the stay on discovery may seek such relief by letter to the Court filed on ECF after Defendants’ reply is submitted. |
| Raw Story Media, Inc. v. OpenAI | SDNY | McMahon | ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/18/2024 at 10:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/6/2024) Complaint filed (Feb. 28, 2024) |
| Intercept Media Inc. v. OpenAI | SDNY | Rakoff | Minute Entry for proceedings held before Judge Jed S. Rakoff:. Oral Argument set for 5/24/2024 at 10:00 AM before Judge Jed S. Rakoff* Supplemental Rule 26(f) report and Proposed Case Management Plan (filed April 2, 2024) Complaint filed (Feb. 28, 2024) |
To download a PDF of this status report for April 14, 2024, click below: