Anderson et al. v. Stability AI: Procedures and Tentative Rulings
Tentative rulings for the upcoming hearing in the case of Andersen v. Stability AI Ltd., addressing claims related to copyright infringement, unjust enrichment, DMCA violations,
The document outlines the procedures and tentative rulings for an upcoming hearing in the case of Sarah Andersen et al. v. Stability AI Ltd. et al. The judge provides tentative rulings on the claims in dispute, indicating a willingness to allow plaintiffs to file a Second Amended Complaint to add new plaintiffs, but denying leave to amend the Unjust Enrichment claims based on copyright preemption. The judge is inclined to deny motions to dismiss direct and induced infringement claims under the Copyright Act, as plaintiffs have plausibly alleged facts supporting their case.
Regarding the DMCA claims, the judge is inclined to grant the motions to dismiss, citing issues with license disclosures not being made "in connection with" plaintiffs' works and following a previous decision on identicality requirements. The judge is inclined to deny Midjourney's motion to dismiss false endorsement and trade dress claims, while granting DeviantArt's motion to dismiss the contract claim for express breach and breach of the implied covenant of good faith and fair dealing, in line with previous analysis.
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