Here’s this week’s status report of all 24 copyright lawsuits against AI companies. It was a busy week.As you can tell by the number, we had 4 new copyright lawsuits filed since our last report.
The 4 new lawsuits are:
- Makkai v. Databricks, Inc., Mosaic ML (N.D. Cal.), similar to O’Nan v. Databricks, Mosaic ML
- Dubus v. NVIDIA Corporation (N.D. Cal.), similar to Nazemian v. NVIDIA Corp.
- Zhang v. Google (N.D. Cal.), similar to Sarah Andersen v. Stability AI.
- Daily News v. Microsoft, OpenAI (S.D.N.Y.), similar to New York Times v. Microsoft, OpenAI.
A number of courts issued scheduling orders:
- In Andersen v. Stability AI, the hearing on the motion to dismiss the first amended complaint is this week, May 8, 2024: *CLERKS NOTICE RE HEARING SET FOR 5/8/2024 at 2:00 p.m. This proceeding will be held in a hybrid format. Counsel have requested to appear in person to argue the motion. This request is granted, and counsel may appear in Courtroom 2 on the 17th Floor in San Francisco. The hearing will also be streamed via videoconference.Webinar Access: All members of the public and media may access the webinar information at https://www.cand.uscourts.gov/who
- In The Intercept v. OpenAI, Judge Rakoff set June 3, 2024 as the date of the hearing for the motion to dismiss: *The oral argument on the motion to dismiss will now be held on Monday, June 3, 2024 at 10 AM (Oral Argument set for 6/3/2024 at 10:00 AM before Judge Jed S. Rakoff.).
- In Zhang v. Google, the initial case management hearing is set for Aug. 22, 2024: Initial Case Management Conference set for 8/22/2024 10:00 AM in San Jose, Courtroom 4, 5th Floor.*
- In JL v. Google, the hearing on the motion to dismiss is reschedule for Aug. 22, 2024: Motion Hearing set for 5/16/2024 IS CONTINUED TO 8/22/2024 at 2:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin.
- In New York Times v. Microsoft, Judge Stein set the scheduling order: Amended Pleadings due by 5/20/2024., Expert Discovery due by 12/9/2024., Fact Discovery due by 9/17/2024., Joinder of Parties due by 5/20/2024., Motions due by 1/7/2025., Replies due by 2/28/2025., Responses due by 2/7/2025.
Interestingly, Judge Tigar canceled the hearing (set for May 16, 2024) on Microsoft’s motion to dismiss the second amended complaint. Judge Tigar “finds the matter suitable for disposition without oral argument.” Not sure which side that favors!
Another interesting development was Stability AI’s parting ways with its lawyers from FRIED FRANK HARRIS SHRIVER & JACOBSON LLP (Amir R. Ghavi, Michael C. Keats, Nicole M. Jantzi, Paul M. Schoenhard) in the Getty Images v. Stability AI case. Michael Flynn of Morris, Nicholas is now the only listed lawyer. (Stability AI has kept all of its lawyers in the Andersen v. Stability AI case, though.)
The new developments from last week’s report are listed with 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 | *CLERK’S NOTICE VACATING MOTION HEARING. Before the Court are the Motions to Dismiss. ECF Nos. 215 , 219 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, May 16, 2024 is hereby VACATED. *NOTICE requesting Clerk to remove Nicole M. Jantzi, Paul M. Schoenhard, Michael C. Keats and Amir R. Ghavi as co-counsel* 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 | *CLERKS NOTICE RE HEARING SET FOR 5/8/2024 at 2:00 p.m. This proceeding will be held in a hybrid format. Counsel have requested to appear in person to argue the motion. This request is granted, and counsel may appear in Courtroom 2 on the 17th Floor in San Francisco. The hearing will also be streamed via videoconference.Webinar Access: All members of the public and media may access the webinar information at https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.* 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). 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. |
| Zhang v. Google* | N.D. Cal. | Davila | *Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 8/15/2024.* Initial Case Management Conference set for 8/22/2024 10:00 AM in San Jose, Courtroom 4, 5th Floor.* Complaint filed on Apr. 26, 2024* |
| 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 | *ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR DISCOVERY re 136 Joint Discovery Letter Brief. ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters: Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Nicholas Samuel Goldberg Katie Lynn Joyce Thomas Edward Gorman 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 | *CLERK’S NOTICE CONTINUING MOTION HEARING re [33] Motion to Dismiss. Motion Hearing set for 5/16/2024 IS CONTINUED TO 8/22/2024 at 2:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge 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) |
| Dubus v. NVIDIA Corp.* | N.D. Cal. | TBA | Complaint filed May 2, 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) |
| Makkai v. Databricks, Inc., Mosaic ML | N.D. Cal. | White | Complaint filed May 2, 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 | *LETTER MOTION for Conference concerning the entry of an order governing the discovery of electronically stored information addressed to Judge Sidney H. Stein from Rachel Geman Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Nicholas Samuel Goldberg Katie Lynn Joyce Thomas Edward Gorman 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 | Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters: Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Nicholas Samuel Goldberg Katie Lynn Joyce Thomas Edward Gorman 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 | *Microsoft reply to Opp. to MTD (May 3, 2024) *ORDER Having received the parties’ Rule 26(f) Report and Proposed Case Management Plan (ECF No. 72), the Court HEREBY ORDERS the following deadlines: a. The last day to amend pleadings and join other parties is May 20, 2024. b. Substantial production of documents for all RFPs served by February 28, 2024 shall be completed by June 14, 2024. c. Fact discovery shall be completed by September 17, 2024. d. Opening expert reports shall be served by October 18, 2024. e. Responsive expert report s shall be served by November 18, 2024. f. Expert discovery shall be completed by December 9, 2024. g. Motions for summary judgment shall be filed on or before January 7, 2025. h. Oppositions to motions for summary judgment shall be filed on or befor e February 7, 2025. i. Replies in support of motions for summary judgment shall be filed on or before February 28, 2025. (Amended Pleadings due by 5/20/2024., Expert Discovery due by 12/9/2024., Fact Discovery due by 9/17/2024., Joinder of Parties due by 5/20/2024., Motions due by 1/7/2025., Replies due by 2/28/2025., Responses due by 2/7/2025) Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters: Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Nicholas Samuel Goldberg Katie Lynn Joyce Thomas Edward Gorman 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) |
| Daily News v. Microsoft | SDNY | Stain | Complaint filed April 30, 2024* |
| Huckabee v. Bloomberg | SDNY | Garnett | Defendants’ Opp. to motion to dismiss (Apr. 19, 2024) 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 | Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters: Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Katie Lynn Joyce Thomas Edward Gorman 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 | *The oral argument on the motion to dismiss will now be held on Monday, June 3, 2024 at 10 AM (Oral Argument set for 6/3/2024 at 10:00 AM before Judge Jed S. Rakoff.). Appearances by OpenAI’s Attorneys from Keker, Van Nest & Peters: Robert Van Nest Paven Malhotra R. James Slaughter Michelle Sabrina Ybarra Nicholas Samuel Goldberg Katie Lynn Joyce Thomas Edward Gorman 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) |