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Anthropic asks the court to dismiss BMG's lyrics-output claim for newer Claude models and its DMCA claim, citing the Ninth Circuit's GitHub ruling; hearing set for Feb. 24, 2027
Anthropic filed a 16-page motion for partial dismissal of BMG's amended complaint. It asks Judge Eumi K. Lee to dismiss, with prejudice, the direct infringement claim (Count I) as to outputs from Claude models released after the October 2023 Concord I complaint, arguing that BMG's six output examples all come from the Concord I investigator's 2023 declaration and that BMG itself says later models have stronger guardrails. It also asks the court to dismiss the DMCA claim (Count III) in full, relying on the Ninth Circuit's September 2026 decision in Doe v. GitHub, which treated an LLM's outputs as new works from which no copyright management information was removed, and arguing that BMG has not plausibly alleged removal of CMI from its compositions during training or the required double scienter. The motion recites BMG's allegations that Anthropic removed CMI from "torrented works" and used third-party datasets, but it does not seek dismissal of BMG's claims over copying for training. The hearing is set for February 24, 2027.
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