Here’s the latest status report of all 20 copyright lawsuits against AI companies.
The key developments were:
- In Doe 1 v. Github, Judge Tigar issued an order denying Plaintiffs’ motion for reconsideration of the dismissal of CMI claims. [computer programs]
- In Concord Music v. Anthropic, Chief Judge Crenshaw issued an order on Status of Case: the plaintiffs’ motion for preliminary injunction will be decided in due course, no oral argument needed at this time.
- In Sarah Andersen v. Stability AI, the defendants filing their replies in support of their motions to dismiss the first amended complaint (see below). [visual works]
- In In re ChatGPT Litigation, the defendants OpenAI and Microsoft filed their Defendants’ Reply in support of their motion to dismiss the plaintiff’s first amended consolidated complaint. [books]
- In Intercept Media v. OpenAI, OpenAI filed its motion to dismiss, and Microsoft filed its motion to dismiss. [Internet news articles]
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 | Judge Tigar order denying Plaintiffs’ motion for reconsideration of dismissal of CMI claims (filed Apr. 15, 2024)* 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 | Runway Reply in supp. MTD (Apr. 18, 2024)* Runway Reply re Judicial Notice exhibits + webpages (Apr. 18, 2024)* DeviantArt Reply in supp. MTD (Apr. 18, 2024)* Stability AI Reply in supp. MTD (Apr 18, 2024)* Midjourney Reply in supp. MTD (Apr. 18, 2024)* Midjourney Reply re Judicial Notice exhibits + webpages (Apr. 18, 2024)* Hearing: May 8, 2024, 2 PM PDT* 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 | Defendants’ Reply in supp. MTD (Apr. 19, 2024)* -Hearing Aug. 1, 2024, 2 PM PDT Plaintiffs’ Opposition to MTD (filed April 10, 2024) OpenAI’s motion to dismiss 1st amended consolidated complaint (Mar. 27, 2024) 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. | Chief Judge Crenshaw Order on Status of Case: motion for prel. injunction will be decided in due course (Apr. 19, 2024)* no oral argument 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 | OpenAI opp. to motion to compel documents (Apr. 16, 2024)* OpenAI motion to file under seal + response to Plaintiffs’ motion to file under seal (Apr. 16, 2024)* 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). |
| 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 | OpenAI motion to dismiss (Apr. 15, 2024)* Microsoft motion to dismiss (Apr. 15, 2024)* 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) |
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