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Judge Saylor lets the labels add a DMCA claim that Suno bypassed YouTube's rolling cipher to rip training audio, but refuses to add 61,026 more recordings to the case

In two orders on Aug. 18, 2026, Judge Saylor granted the record companies' first motion to amend and denied their second. The first order recounts that in May 2025 Suno answered an interrogatory by saying it downloaded audio files from YouTube using open-source tools such as YT-DL and YT-DLP. The labels then sought to add a claim under 17 U.S.C. 1201(a)(1). Suno argued YouTube's rolling cipher only inhibits copying and does not control access, so bypassing it is not actionable. The court held the proposed claim is plausible: a measure can effectively control access even if users can view the work through the authorized player, the DVD-encryption cases show as much, and how YouTube's cipher and the ripping tools actually work 'require further factual development.' The second order denied leave to assert 61,026 additional recordings identified in discovery, finding that adding them a month before the close of fact discovery would delay the case indefinitely and prejudice Suno, which is entitled to a timely ruling on fair use; the court suggested a separate related suit and said parallel cases best balance the interests. The denial was without prejudice.