Midjourney is trying to force Disney, Universal and Warner Bros. to reveal how they use artificial intelligence as it defends itself from a potentially ruinous copyright lawsuit.
The studios sued the AI image lab last year, accusing it of enabling massive infringement of their copyrighted characters. Midjourney has claimed “fair use” and has argued that the studios are engaged in the very same AI practices.
In June, a magistrate judge limited Midjourney’s ability to obtain discovery from the studios about their AI use, saying the studios would have to turn over information only about “consumer-facing” AI applications.
Midjourney’s lawyers filed a motion this week urging Judge John Kronstadt to overturn that decision, arguing that the studios should have to divulge more much about how AI is used behind the scenes.
“If Plaintiffs are doing the very thing they seek to punish, that evidence goes to the heart of Midjourney’s fair use and unclean hands defenses,” wrote Midjourney’s attorney, Bobby Ghajar.
