Magistrate Judge Richlin mostly denied Midjourney’s attempt to get discovery of Disney’s own use or development of AI.
Judge Richlin found such use irrelevant to Midjourney’s fair use defense, citing a similar ruling in the In re OpenAI Copyright Infringement Litigation.
The judge also ruled that Disney’s prompts used to generate allegedly infringing outputs on Midjourney for its Complaint was protected by work product. “Plaintiffs agreed to produce documents sufficient to identify the prompts used to create the images generated by Midjourney shown in the operative complaints and put at issue in this action, as well as the side-by-side outputs contemporaneously generated in response to such prompts. (Id. at 9.) Thus, the dispute here is focused on the prompts and outputs for images generated by Plaintiffs in connection with attempts to generate images for the operative complaints, but where Plaintiffs did not ultimately use the image.”
It’s unclear whether Disney disclosed just how many prompts it took to generate the examples for its complaint. The magistrate judge in Concord Music v. Anthropic found such statistics relevant.
Excerpt:
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