Docket Watch
Motion to dismiss deniedS.D.N.Y. · 1:26-cv-01362-LAKUpdated 7 November 2026

Ace Cam, Inc. v. Runway AI, Inc.

In brief

Ace Cam, Inc. v. Runway AI, Inc. is a proposed class action in the Southern District of New York (No. 1:26-cv-01362-LAK) by YouTube creators. They allege Runway bypassed YouTube’s technical measures to download videos for training. On 30 October 2026 Judge Lewis A. Kaplan denied Runway’s motion to dismiss the single DMCA § 1201(a) claim, holding that the measures are plausibly access controls.

YouTube creators say Runway used download tools and rotating IP addresses to get around YouTube’s technical measures and collect their videos to train its video models. Runway argued that videos anyone can watch for free are not protected by an access control at all. Judge Kaplan disagreed on 30 October 2026, joining a run of 2026 rulings that let the same theory proceed against other AI developers.

ACE CAM, INC. and BUSINESSING LLC, each individually and on behalf of all others similarly situated,
Plaintiffs,
v.
RUNWAY AI, INC.,
Defendant.
Case No. 1:26-cv-01362-LAKMemorandum opinion denying motion to dismiss the consolidated class action complaint

The claim

The plaintiffs do not sue for copyright infringement. Their only claim is under § 1201(a), which bars circumventing a technological measure that controls access to a copyrighted work. They say YouTube protects uploaded videos with five measures, from a rolling cipher on video streams to proof-of-origin tokens, and that Runway defeated them with descrambling tools such as yt-dlp, rotating IP addresses and regenerating expired session-bound URLs (ECF 33 ¶¶ 39-59, 95-108; ECF 61 at 5).

Runway’s arguments

Runway moved to dismiss on 27 May 2026 (ECF 34). As the opinion describes them, its main points were that YouTube’s measures control copying, not access, and so fall outside § 1201(a); that a qualifying measure must make the work unintelligible until it is descrambled or decrypted; that free public viewing means nothing was gated; that no affirmative act disabled any measure; and that the plaintiffs had not shown the measures operate with their authority (ECF 61 at 8-14).

What Judge Kaplan held

QuestionResultReasoning (ECF 61)
Are the measures access controls?✓ Plausibly yesScrambling and encryption are examples, not the whole category. A measure can control both access and use. Viewing itself depends on authorized processes, and the measures block playback once triggered (at 9-13)
Does free public viewing defeat the claim?✕ NoEvery viewer is subject to the same measures, so availability to the public does not take them outside the statute (at 10-12)
Was any measure circumvented?✓ Plausibly yesThe statute defines circumvention broadly; the complaint plausibly alleges that at least one measure was bypassed. The court did not require a separate affirmative act (at 13)
Authority of the copyright owner✓ Adequately allegedPlaintiffs need not install the measures themselves; it is enough that they authorized YouTube to deploy them through the upload process (at 14)

The opinion relies on Second Circuit and district authority on access controls, including Universal City Studios v. Corley and Yout v. RIAA, and on the Ninth Circuit’s Disney v. VidAngel for the point that one measure can serve both functions (ECF 61 at 8-10).

How it fits the other YouTube rulings

Courts that have ruled on the same theory against other AI developers this year have reached the same result at the pleading stage. The table lists the rulings we have seen. The Snap ruling is described from the Apple order, and the Fisher order from a news report; neither was reviewed directly. The California orders are linked from the Ted Entertainment v. OpenAI page.

CaseCourt and judgeDateResult on § 1201(a)
Ace Cam v. Runway AIS.D.N.Y., Kaplan30 Oct 2026Motion to dismiss denied
Ted Entertainment v. AppleN.D. Cal., Seeborg9 Oct 2026Motion to dismiss denied
Ted Entertainment v. ByteDanceN.D. Cal., Corley2 Oct 2026Motion to dismiss denied
Ted Entertainment v. SnapC.D. Cal., Birotte19 Aug 2026Motion to dismiss denied (as cited in the Apple order at 7)
Ted Entertainment v. OpenAIN.D. Cal., Labson Freeman—Briefed; no ruling in the sources reviewed
Fisher v. MetaN.D. Cal., Tigar—Pending; supplemental briefing on the recent rulings ordered (as reported 2 Nov 2026)

In Fisher v. Meta, ChatGPT Is Eating the World reported on 2 November that Judge Tigar asked the parties for supplemental briefs on these recent decisions. Meta’s pending motion argues, among other things, that the plaintiffs lack standing and that the measures are not access controls (No. 4:25-cv-10931, ECF 33). We have not reviewed the supplemental-briefing order itself.

None of these rulings decides whether Runway or any other defendant actually circumvented anything. They hold only that the complaints say enough to proceed to discovery.

Documents

The complaint, consolidated complaint, notice of motion and Meta’s motion link to the public RECAP copies on CourtListener; the opinion links to the copy hosted by ChatGPT Is Eating the World. Runway’s memorandum (ECF 35), the Snap order and the Fisher supplemental-briefing order were not reviewed. Page references are to the opinion’s own page numbers.

Other cases on Docket Watch

Summaries are prepared by IPLYR from public court filings and are current as of 7 November 2026. They describe the parties’ positions as stated in their papers and are not findings of fact. IPLYR is not counsel in these matters and nothing here is legal advice. Read the underlying filings before relying on any point.

Corrections: hello@iplyr.com