Anthropic just scored a decent victory at the motion to dismiss stage.
Judge Lee granted Anthropic’s motions to dismiss the music publishers Concord Music and others’ claims against Anthropic
- for contributory infringement (due to lack of specific allegations of third-party direct infringement or Anthropic’s knowledge of the infringement),
- vicarious infringement (due to lack of specific allegations of third-party direct infringement, although the complaint was sufficient in alleging Anthropic has a direct financial benefit from the alleged infringing activity), and
- for DMCA CMI violations under 1202(b)(1) (due to lack of specific allegations Anthropic intentionally removed any CMI from the plaintiffs’ musical works) and
- 1202(b)(3) (due to lack of specific allegations Anthropic had knowledge its training process would “would induce, enable, facilitate, or conceal further infringement” to satisfy one element of (b)(3)).