§Why CasetextPricing

Cambridge University Press et al v. Patton et al

REPLY to Response to Motion re MOTION for Summary Judgment

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 270,859 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 283,705 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

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

    464 U.S. 417 (1984)   Cited 992 times   28 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”

  4. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 761 times   11 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  5. Burton v. City of Belle Glade

    178 F.3d 1175 (11th Cir. 1999)   Cited 792 times
    Holding the District Court may enter summary judgment sua sponte where the claims involve a common factual question

  6. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 670 times   4 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"

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

    487 F.3d 701 (9th Cir. 2007)   Cited 496 times   30 Legal Analyses
    Holding that an online image search index was "highly transformative"

  8. Fonovisa, Inc. v. Cherry Auction, Inc.

    76 F.3d 259 (9th Cir. 1996)   Cited 237 times   3 Legal Analyses
    Holding that operators of a swap meet who had reason to know of infringing activity after law enforcement officers raided the flea market and seized counterfeit merchandise may be held liable for contributory trademark infringement

  9. Bowman v. Corrections Corp. of America

    350 F.3d 537 (6th Cir. 2003)   Cited 141 times
    Holding that any claim for injunctive relief asserted on behalf of a deceased person was rendered moot by the person's death

  10. Pennington Seed, Inc. v. Prod. Exch. No. 299

    457 F.3d 1334 (Fed. Cir. 2006)   Cited 101 times
    Explaining doctrine developed in Ex parte Young, 209 U.S. 123

  11. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,678 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  12. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 23,976 times   92 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  13. Section 502 - Remedies for infringement: Injunctions

    17 U.S.C. § 502   Cited 1,507 times   3 Legal Analyses
    Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"

  14. Section 107 - Limitations on exclusive rights: Fair use

    17 U.S.C. § 107   Cited 1,056 times   183 Legal Analyses
    Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"