Universal and Sony cleared to depose ex-Menlo Ventures exec over deleted post: ‘I’ve personally shifted most of my listening to Suno’
UMG and Sony have won permission to question former Menlo Ventures executive C.C. Gong about a deleted post saying she had shifted most of her listening from Spotify to Suno. The labels argue her account may help establish whether Suno’s AI-generated music substitutes for copyrighted recordings, a point relevant to Suno’s fair use defence.
Magistrate Judge Paul G. Levenson authorised the companies to subpoena and depose Gong within 30 days. They say they sought testimony from Menlo first, but learned on 12 October that Gong had left the firm at the end of September, after the 30 September fact-discovery deadline. Suno did not oppose the request, while maintaining that discovery deadlines should apply equally to all parties.
In short
- UMG and Sony can question C.C. Gong about her deleted post.
- Gong said she had shifted most of her listening to Suno.
- The labels say the post may matter to Suno’s fair use defence.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The labels can argue that Gong’s public statement may offer evidence about whether listeners use AI-generated music in place of copyrighted recordings, a question relevant to Suno’s fair use defence. They say they first sought information from Menlo and only learned after the discovery deadline that Gong had left, so a limited deposition within 30 days is a proportionate way to pursue potentially relevant testimony.
The case against
Suno can argue that discovery deadlines should apply consistently to both sides, and that allowing testimony after the fact-discovery deadline risks weakening the fairness and predictability those limits are meant to provide. A deleted social media post about one person’s listening habits may also have limited value in establishing whether AI music generally substitutes for copyrighted recordings.