Reply to thread

Message: [QUOTE="Bombastus, post: 91615, member: 2178"] Suno’s September 1 court answer raises two separate standing defenses against the labels’ new DMCA anti-circumvention claim. The company is not using them to deny every copyright claim in the case. It is trying to defeat one particular claim before the court reaches its merits. Suno uses “standing” in two different senses. One defense invokes Article III of the Constitution. The other says the plaintiffs do not qualify as people injured within the meaning of Section 1203(a) of the Digital Millennium Copyright Act. The [B][URL='https://goldmidi.com/community/threads/suno-has-admitted-to-using-youtube-audio-for-ai-training.77034/']YouTube audio used for Suno training[/URL][/B] matters here because the standing fight asks whose injury followed from the alleged circumvention. Suno can admit obtaining training audio through YT-DLP and still challenge a particular plaintiff’s right to maintain this specific Section 1201 claim. [HEADING=2]Article III sets the constitutional standing test[/HEADING] Article III standing starts with a basic federal-court requirement. A plaintiff needs a concrete injury, a traceable connection between that injury and the challenged conduct, and relief capable of redressing it. Suno’s twelfth affirmative defense says one or more plaintiffs cannot satisfy that constitutional threshold for the Section 1201 claim. CoxCom v. Chaffee is unusually relevant because it came from the First Circuit and involved Section 1201. The case concerned devices used to interfere with pay-per-view controls. The court treated Article III standing as an independent requirement and found concrete economic injury supported by the record. Suno’s case has a different technical setup. YouTube operates the platform and the alleged technological measure. UMG Recordings, Capitol Records, and Sony Music Entertainment assert rights in recordings allegedly obtained through the platform. Suno’s defense therefore creates room to fight over the injury each label suffered from the alleged bypass itself. Harm from copying or AI training more generally may not answer every standing issue attached to a separate statutory claim. Courts look at the injury connected to the conduct being challenged, not merely at objections to a defendant’s wider behavior. [HEADING=2]Section 1203 adds a narrower injury test[/HEADING] The DMCA adds another requirement in Section 1203(a). Its civil-remedies language allows any person injured by a violation of Section 1201 or 1202 to sue. That sentence does not make copyright ownership the exclusive requirement for bringing the action. Massachusetts precedent makes a simple ownership argument harder. In Bose v. Zavala, the district court treated constitutional standing and the “person injured” requirement as separate inquiries, relying on First Circuit authority. Other courts have likewise allowed non-copyright owners to pursue DMCA claims when they plausibly alleged injury from circumvention. Suno therefore needs more than a tidy point about who owns YouTube’s protection technology. A stronger argument would focus on whether these labels can connect a legally cognizable injury to the alleged YT-DLP circumvention. Ownership of recordings later used in training does not, by itself, complete that analysis. Section 1203 is broad about who may sue, but it still uses the word injured. The dispute can turn on whether the alleged circumvention itself harmed these plaintiffs in a way the statute recognizes. Merely showing an interest in the copyrighted recordings does not settle the wording of Section 1203(a). The filing contains another procedural wrinkle. Suno calls its thirteenth defense “lack of statutory standing” and lists it alongside its challenge to subject-matter jurisdiction. First Circuit precedent after the Supreme Court’s Lexmark decision treats statutory standing differently from Article III jurisdiction. Under that precedent, statutory standing concerns whether a statute gives a plaintiff a cause of action. It is not itself a prerequisite to a federal court’s Article III power to hear a case. A judge can therefore analyze the “person injured” language without treating it as identical to constitutional jurisdiction. [HEADING=2]Fair use does not decide this standing dispute[/HEADING] Suno’s fair-use position sits elsewhere in the case. Fair use concerns whether copying protected expression can be lawful under copyright law. The new Section 1201 claim instead focuses on alleged circumvention of a technological access measure. The standing defenses are threshold issues rather than fair-use rulings. An [B][URL='https://digitalcommons.law.byu.edu/faculty_scholarship/377/']empirical study of Section 1201 litigation[/URL][/B] found that fair use appears only infrequently in courts’ anti-circumvention discussions. Section 1201 can therefore operate separately from ordinary infringement analysis. A strong fair-use case would not automatically dispose of a properly brought circumvention claim. The reverse matters too. A successful standing objection would concern the affected Section 1201 claim, not automatically the two infringement counts. The two copyright infringement claims do not disappear merely because Suno finds a successful threshold objection to the YouTube stream-ripping theory. The court has already allowed the labels to add the circumvention claim, but it has not decided liability or finally resolved standing. Suno’s answer now makes the claimed injury itself part of the fight. [/QUOTE]

Name