Suno is in the news. First, it filed its motion to dismiss 3 of the claims filed by independent artist Anthony Justice: (1) output claim based on alleged violation of derivative work right, (2) DMCA anti-circumvention claim for “stream ripping” YouTube videos, and (3) an unfair competition claim under the Tennessee Consumer Protection Act.
Suno’s motion to dismiss the output claim seems spot on. The argument against the DMCA claim is also being raised by Suno (and Udio) in the lawsuits filed by UMG Recordings. Suno’s argument is plausible — much likely depends on how the court understands how “rolling cipher” for YouTube videos functions (i.e., either an access or a copy control measure).
Excerpt from Suno’s brief
DOWNLOAD SUNO’S BRIEF
Second, in UMG Recordings v. Suno, Judge Saylor allowed Suno the filing of a sur-reply to its motion to dismiss the DMCA anti-circumvention claim.