U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said the artists could file an amended complaint against the two companies, whose systems utilize Stability’s Stable Diffusion text-to-image technology.
Orrick also dismissed McKernan and Ortiz’s copyright infringement claims entirely. The judge allowed Andersen to continue pursuing her key claim that Stability’s alleged use of her work to train Stable Diffusion infringed her copyrights.
