§Why CasetextPricing

Barry Rosen v. Amazon.com Inc. et al

REPLY MOTION to Dismiss Case Under Rule 12

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.

    545 U.S. 913 (2005)   Cited 786 times   31 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  4. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 968 times   27 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

  5. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 655 times   2 Legal Analyses
    Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"

  6. Perfect 10, Inc. v. Amazon.Com, Inc.

    487 F.3d 701 (9th Cir. 2007)   Cited 467 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"

  7. Religious Technology Center v. Wollersheim

    971 F.2d 364 (9th Cir. 1992)   Cited 251 times
    Holding that plaintiffs had failed to state claim based on crimes allegedly committed over the course of six months, because "the only goal of the . . . defendants was the successful prosecution of [an earlier] state tort suit" against a single adversary

  8. Gershwin Pub. Corp. v. Columbia Artists Man

    443 F.2d 1159 (2d Cir. 1971)   Cited 418 times
    Holding that a defendant may "be held liable as a 'contributory' infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records"

  9. Religious Technology Center v. Netcom On-line Communication Services, Inc.

    907 F. Supp. 1361 (N.D. Cal. 1995)   Cited 195 times   7 Legal Analyses
    Holding that operator of a computer bulletin board system that forwarded messages from subscribers to other subscribers was not liable for displaying copyrighted works because it took no role in controlling the content of the information but only acted as passive conduit of the information

  10. Columbia Pictures Indus., Inc. v. Fung

    710 F.3d 1020 (9th Cir. 2013)   Cited 106 times   4 Legal Analyses
    Holding that "aspects of the inducing behavior that give rise to liability are relevant to the operation of some of the DMCA safe harbors and can, in some circumstances, preclude their application"

  11. Section 512 - Limitations on liability relating to material online

    17 U.S.C. § 512   Cited 571 times   185 Legal Analyses
    Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"