Federal Court Clears Deposition of Former Menlo Ventures Principal C.C. Gong
Federal court approval now allows Universal Music Group and Sony Music Entertainment to depose C.C. Gong, a former Principal at Suno investor Menlo Ventures, regarding a deleted social media post about her music listening habits. Magistrate Judge Paul G. Levenson granted the motion in the U.S. District Court for the District of Massachusetts, permitting the major music companies to serve a deposition subpoena on Gong and to depose her within 30 days.
The legal dispute centers on a since-deleted post where Gong wrote that she shifted most of her listening to Suno because she grew tired of Spotify providing the same overplayed recommendations. Lawyers for UMG and Sony argue the statement bears directly on the fourth fair use factor under Section 107 of the U.S. Copyright Act, which examines the effect of the use upon the potential market for or value of the copyrighted work. Suno’s fair use defense relies on the claim that its output creates something fundamentally new rather than acting as a replacement for existing music, a stance the majors challenge using the investor’s remarks.
Timeline of the Menlo Ventures Subpoena and Discovery Disputes
The path to deposing Gong involved months of discovery negotiations and missed deadlines between legal teams. On August 20, the plaintiffs subpoenaed Menlo Ventures for testimony regarding the social media post. During a September 24 call, Menlo’s counsel stated the firm could not obtain the requested information. Plaintiffs responded on September 26 that Gong remained a current employee and a reasonable investigation only required asking her.
On October 5, Menlo’s counsel agreed to designate a witness regarding the posting and deletion of the message, excluding personal listening habits. Menlo informed the plaintiffs on October 12 that Gong had left the firm at the end of September. This disclosure occurred 12 days after the September 30 deadline for fact discovery not tied to the plaintiffs’ Section 1201 claim regarding alleged YouTube technology circumvention. Suno agreed not to oppose the motion while reserving rights for future objections.
Broader Investor Scrutiny in the Ongoing Suno Copyright Litigation
Menlo Ventures led Suno’s $250 million Series C funding round in November 2025, valuing the company at $2.45 billion. Within her post, Gong offered her congratulations to Suno for hitting 2 million paid subscribers alongside $300 million in annual recurring revenue. Menlo is not the only backer drawn into the litigation. Lightspeed Venture Partners, which led Suno’s Series B and has moved to quash the subpoena, is also facing requests from UMG and Sony for documents and testimony.
Warner Music Group originally joined the Massachusetts lawsuit as a plaintiff before settling with Suno in November 2025 as part of a licensing partnership. The exhibit featuring Gong’s post entered the case file after being captured and shared on X by Ed Newton-Rex, CEO of Fairly Trained, who noted that the investor’s tweet would likely surface in court.
Frequently Asked Questions About the C.C. Gong Deposition
What specific legal factor does the C.C. Gong social media post address in the lawsuit?
The post targets the fourth fair use factor under Section 107 of the U.S. Copyright Act, which evaluates the effect of a use upon the potential market for or value of copyrighted works.
When did Menlo Ventures lead Suno’s funding round?
Menlo Ventures led Suno’s $250 million Series C funding round in November 2025, a round that valued the company at $2.45 billion.
How did Warner Music Group resolve its involvement in the case?
Warner Music Group originally joined as a plaintiff in the Massachusetts lawsuit but settled with Suno in November 2025 as part of a licensing partnership.