Super stunning turn of events in Concord Music v. Anthropic. On the same day Anthropic’s motion for summary judgment is due — meaning today! — Concord Music has attempted to voluntarily dismiss, with prejudice, both claims of secondary liability: contributory infringement in Count II and vicarious infringement in Count III of its First Amended Complaint.
That would leave only: Count I (direct infringement) and Count IV (removal of CMI).
This same-day voluntary dismissal filing as Anthropic’s motion for summary judgment is stunning. In a footnote, Concord Music said it told Anthropic on April 19 (yesterday!) of its intention to file this voluntary dismissal but Anthropic has not agreed to a proposed stipulation. Wow.
This voluntary dismissal attempt might be due to the Supreme Court’s recent clarification of contributory infringement in Cox Communications v. Sony Music Entertainment. But that decision was released on March 25, not yesterday.
Excerpt:
DOWNLOAD CONCORD MUSIC’S NOTICE OF VOLUNTARY DISMISSAL OF SECONDARY LIABILITY CLAIMS WITH PREJUDICE