Disney Faces a Strange AI Lawsuit Request
Remember last year when Disney sued some high-profile AI companies?
Well, those lawsuits are gradually working their way through the court system.
Photo: Playbuzz.com
One of them just took an unexpected turn as a defendant went on a “fishing expedition.”
They just tried to turn the tables on Hollywood in a very odd way. Now, Disney faces a strange AI lawsuit request. Here’s what’s happening.
Alleged Grand Larceny Via IP Theft
Photo: NBC Universal
As a reminder, Disney and NBCUniversal are currently suing Midjourney.
The lawsuit accuses Midjourney of “major copyright infringement.”
Photo: cba.cj
So, Midjourney is facing a fight for survival in the aftermath of its alleged blatant thievery.
I say alleged because it’s legally the current term at the moment.
Photo: Wikipedia
Realistically, we don’t need a court to rule before calling out Midjourney.The company shamelessly ripped off several Hollywood studios.
Midjourney trained its AI image generator using major IPs. That’s just math. The lawsuit emphasized this point by showing Midjourney’s image results.
Photo; Disney
Many of them looked suspiciously similar to Minions, Darth Vader, and Mickey Mouse. Midjourney skirted copyright and trademark law by…brazenly ignoring it.
This was the ultimate technology example of “apologize later rather than ask for permission now.”Midjourney just scanned in images of some of the most identifiable characters in entertainment.
Photo: Disney
The primary purpose was to allow users to replicate these characters on a whim.
Let’s say that you’re in the mood to have Darth Vader fight Buzz Lightyear.
Photo: Disney
Presuming Disney doesn’t want your screenplay, you can bring it to life on Midjourney.
This is similar technology to the Open AI Sora app that Disney licensed later in 2025.
Photo: Disney
Remember that the deal fell apart, but the license proves Disney’s willingness to play ball.
Midjourney made no attempt to play ball, simply using the characters to train its AI anyway. Technically, that’s Disney’s accusation rather than legally established fact, but…come on!A picture tells a thousand words, all of which indict Midjourney for this crime.
The Empires Fight Back
Photo: Miriam-Webster
What’s unique about the Midjourney lawsuit is the parties invited.
Comcast and Disney have engaged in a blood feud throughout the 21st century.
Photo: Getty
Comcast cost Disney $19 billion on the Hulu deal, and that’s before we discuss the arbitration debacle.
In between these two battles, Disney forced Comcast to pay $22 billion more for Sky. Oh, and there’s the whole Theme Park Wars thing happening in Orlando and other places.The companies have engaged in a turf war for a long time now.
Photo: Wikimedia
So, it speaks volumes about how egregious Midjourney’s behavior must be for them to join forces.
Now, Midjourney has fired back in court, with its lawyers making an odd claim.
Getty
Disney and NBC’s attorneys have dismissed it as a “fishing expedition,” and they’re probably right.
Still, I admire this attempt, as Midjourney is trying to make a point to the judge. The company has demanded “full disclosure of internal AI use” from the studios suing it. Here’s Tech Linked briefly discussing the unusual legal attack:
The host and Linus Tech Tips writer points out that Midjourney’s previous argument was “stupid.” Midjourney had attempted a Fair Use defense, which was doomed to fail.
Now, Midjourney has switched tactics and gone on the offensive with this request.
Photo: Computer Hope
The company wants to persuade the judge and the court of public opinion.
As the host suggests, their argument implies that “we’re all doing it,” so it’s okay. The “it” here is using AI to enrich the lives of users, including Disney employees.
Kettle, You’re Black
Photo:nbcuniversal
I cannot help but think about the phrase “the pot calling the kettle black” as we discuss this one.
Midjourney is trying to diminish Disney and NBCU’s argument in a silly way.
Warner Bros Discovery
Along with Warner Bros. Discovery, these are the legacy media companies endangered by Midjourney.
So, the Hollywood lawsuit seeks to enforce copyright law against brazen thievery. Midjourney’s lawyers are trying to argue, “Yeah, but everyone does it.” That’s simply not true. Disney hasn’t created an AI image generation app.
Warner Bros discovery
Even if Disney did, that app wouldn’t use NBC and WBD characters.
Disney owns a treasure trove of valuable IPs, so it wouldn’t even need that.
Midjourney
While NBC and WBD don’t have quite as many valuable IPs, they have plenty, too.
Do you know the only business here that doesn’t own valuable IPs?
Frozen artwork generated by Midjourney A.I. Photo: New York Times.
Yup, it’s Midjourney. So, whether the other three companies use AI is irrelevant.That’s precisely why the lawyers dismissed the attempt as a fishing expedition.
I suspect that’s not Midjourney’s intent, though. Their lawyers simply want a ruling.In or around August 17th, a judge would rule on this particular request.
Computer World
If the judge goes against Disney et al, the conversation instantly changes.
Disney may not want its AI usage to be subject to legal disclosure.
Photo: https://medium.com/coding-den
At that point, Disney may be more willing to bargain with Midjourney.
So, this attempt is less about right and wrong versus corporate secrets.
Darth Vader A.I. image generated by Midjourney. Photo: New York Times
Should the judge side with Midjourney, Disney et al would be on the defensive.
In that scenario, Midjourney would have a path to survive this lawsuit. Should the judge rule the other way, well, Midjourney is in a world of hurt.
Should Disney Be Nervous?
Image: The Healthy Mouse
For the next month, the answer is no, as Disney’s attorneys are the gold standard.
If the judge rules a certain way, it’s still not a big deal to Disney.
yourstory.com
The company can debate new options at that point, with Midjourney still squirming. To a larger point, the judge on this case already limited the scope on this very issue.
As Tech Linked points out, “a magistrate judge limited (Disney’s) disclosure obligations” on AI.Midjourney escalated the request to a federal court because it lost the first ruling.
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So, there’s little reason to believe this legal tactic will succeed.
What I suspect is really happening is that Midjourney is simply trying to lure Disney to the bargaining table.
Photo: Disney
With the Open AI deal dead, Disney could still use an AI image generation partner.
The problem is that Midjourney has proven extraordinarily shady thus far. Even if Disney does pick an Open AI replacement, I doubt it’d go with them.
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Feature photo: Computer World
