In February 2023, we wrote about a case by Getty Images against Stability AI involving copyright claims on AI-generated content. That case was filed near the start of the current AI mania, and it looked to potentially be significant.
Since then, the case has suffered from some party-driven delays. The parties agreed to extend the answer deadline, and then Getty Images filed an amended complaint. D.I. 12, 13. This was followed by another stipulated extension, and a motion to dismiss or transfer. D.I. 15, 16.
The Court then granted a motion for jurisdictional discovery, D.I. 30, and that process seems to have gone on for about a year, until Getty Images filed a second amended complaint in July 2024. D.I. 41. The parties again stipulated to a further extension of time to respond to that complaint, and the defendant ultimately filed new motions to dismiss and transfer. D.I. 43, 45, 48. Briefing on those motions wrapped up in August, 2024. D.I. 58, 59.
I've been keeping an eye on this case since our first post, hoping for another blog post on an interesting AI case. Other than a letter last year requesting that the Court order the parties to proceed with a Rule 26(f) conference, the case has been quiet since the motions to dismiss and transfer.
In the meantime, I understand Getty Images has been pursuing a case in the UK, which went to trial in June. According to the Associated Press, Getty Images ultimately dropped its copyright claims in that case because the training—and thus any training-based infringement—occurs in the United States rather than the UK.
Yesterday, perhaps seeking to rev up its momentum on the copyright claims after the UK trial, Getty Images filed a notice of voluntary dismissal in its Delaware action. It looks like they hope that the Northern District of California will prove to be a faster venue:
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff, by and through its undersigned counsel, hereby gives notice that the above-captioned action is voluntarily dismissed without prejudice. Defendants have not filed any answer or motion for summary judgment.
In order to proceed with its claims against Defendants without further delay, Getty Images intends to file a Complaint in the U.S. District Court for the Northern District of California, where Defendants contend this dispute should be resolved.
D.I. 69 at 1. Honestly, it seems unnecessary to include any reason in a voluntary dismissal like this—but maybe the message is geared toward onlookers, rather than the Court.
I'm also skeptical that jumping over to the Northern District of California will prove faster than simply remaining here, especially once you take into account the time it will take to re-file the complaint, to brief a new motion to dismiss, and for the Court to decide that motion—which certainly won't be instantaneous. But we'll have to see.
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
