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Judge Davila dismisses with prejudice the state-law claims in a YouTube creator's suits alleging OpenAI and Google used his videos to train AI, leaving only direct copyright infringement
David Millette, a YouTube creator, and Ruslana Petryazhna filed proposed class actions in August 2024 alleging that OpenAI, Google and YouTube, and separately NVIDIA, transcribed or copied millions of YouTube videos to train their models. After the plaintiffs amended, OpenAI and Google moved to dismiss the state-law counts (unjust enrichment, unfair competition and related claims, Counts I-III). The plaintiffs said they did not oppose. In one-page orders dated March 24, 2025, Judge Edward J. Davila dismissed Counts I-III with prejudice in both cases and directed that each case proceed on Count IV, direct copyright infringement. OpenAI's December 2024 motion had called the suit a 'carbon copy' of earlier complaints and argued the state claims were preempted by the Copyright Act. The companion case against NVIDIA (No. 5:24-cv-05157) raised a standing challenge; its status was not confirmed for this item. No ruling on the merits of the copyright claims had been identified as of Oct. 17, 2026.
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