Issue No. 073 · Story 03 · November 4, 2026

Runway Loses Bid to Dismiss YouTube Creators' DMCA Claim

On October 30, a federal court denied Runway's bid to dismiss a proposed class action by YouTube creators Random Golf Club and Businessing. The creators allege Runway bypassed YouTube's protections to scrape their videos and train its AI models, violating the Digital Millennium Copyright Act's anti-circumvention provision. As of November 4, no court has decided whether Runway is liable.

§The court held that the creators plausibly alleged YouTube's measures control access to publicly viewable videos.
§It held that creators need not install the measures themselves if they authorized YouTube to deploy them.
§The creators seek statutory damages and equitable relief.

THE TAKEAWAY

The ruling addresses whether measures on free-to-watch videos count as access controls under section 1201, even if they also limit copying. It also addresses whether creators can rely on measures YouTube deploys for them.

Filing: ESCA Filings

Same issue

The New York Times Sues Brave Over AI Search and Paywalls

The New York Times sued Brave Software in federal court on November 2, alleging that Brave copied Times journalism for its search index and AI answers, sold access to that index, and offered a browser feature that bypasses Times paywalls. The complaint seeks damages and an injunction. As of November 4, no court has ruled on any claim.

Sour Patch Kids Owner Accuses Joyride of Copying Candy Look

On November 2, Mondelez filed a federal trademark complaint against Joyride over its Sour Smacks candy. The complaint alleges that Joyride's 2025 redesign copied the Sour Patch Kids mascot, yellow-and-green packaging and kid-shaped candy, and it seeks an injunction and damages. As of November 4, no court has decided whether Joyride infringed.

Trademark

Copyright Office Rejects UPS Shield Registration Requests

On October 30, the Copyright Office Review Board affirmed refusals to register two UPS artworks: a shield titled 3D Eyebrow Design and a version with ups lettering titled 3D Eyebrow Design (Lettered). The Board found their shapes, shading and lettering lacked the original creativity required for registration. Its decision is final agency action.