> I’m surprised to see this reasoning (well all billion images can’t have been registered, so they can’t sue).
Well, here's the actual text from the decision:
> Each defendant argues that McKernan and Ortiz’s copyright claims must be dismissed
because neither of them has registered their images with the Copyright Office. They also move to “limit” Anderson’s copyright claim to infringement based only on the 16 collections of works that she has registered. See, e.g., Declaration of Paul M. Schoenhard (Dkt. No. 51-1), ¶¶ 5-6; see also Compl. ¶ 28 & Exs. 1-16.3
> In opposition, plaintiffs do not address, much less contest, McKernan or Ortiz’s asserted
inability to pursue Copyright Act claims. At oral argument, plaintiffs’ counsel clarified that they are not asserting copyright claims on behalf of these two plaintiffs. July 19, 2023 Transcript (Tr.), pg. 17:1-5. As such, McKernan and Ortiz’s copyright act claims are DISMISSED WITH PREJUDICE.
> Likewise, plaintiffs do not address or dispute that Anderson’s copyright claims should be
limited to the collections Anderson has registered. The scope of Anderson’s Copyright Act claims are limited to the collections which she has registered.
TL;DR: plaintiffs didn't attempt to argue that the copyright claims should be construed broadly, defendants argued they should, so defendants win at motion-to-dismiss stage. The defendants actually lost their argument that they should win because Anderson didn't identify the specific registered works, the entire case should be thrown out--the judge said there's enough specificity to let the case go to discovery to figure out which registered works may have been infringed.