§Why CasetextPricing

Columbia Pictures Industries Inc et al v. Gary Fung et al

MEMORANDUM in Support of MOTION for Summary Judgment as to Willful And Innocent Infringement Under 17 U.S.C. Section 504

13 Cited authorities

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

    545 U.S. 913 (2005)   Cited 790 times   31 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  2. Wash. Shoe Co. v. A–Z Sporting Goods Inc.

    704 F.3d 668 (9th Cir. 2012)   Cited 380 times   1 Legal Analyses
    Holding even if the defendant was not aware of the infringing product at the outset, it became aware its acts would impact the plaintiff "by virtue of the cease-and-desist letters it had received"

  3. Los Angeles News Ser. v. Reuters Television I

    149 F.3d 987 (9th Cir. 1998)   Cited 196 times   1 Legal Analyses
    Holding that the defendants waived their objection to the imposition of statutory penalties on the basis of contributory infringement by not raising the objection in their proposed findings of fact and conclusions of law post-trial; and (b) "calculat[ing] statutory damages on the basis of [contributory] infringement" in this same filing

  4. 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"

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

    518 F. Supp. 2d 1197 (C.D. Cal. 2007)   Cited 111 times
    Holding that in light of eBay, "a district court should only include injunctive terms that have a common sense relationship to . . . the conduct for which a defendant has been held liable."

  6. Arista Records LLC v. Usenet.com, Inc.

    633 F. Supp. 2d 124 (S.D.N.Y. 2009)   Cited 73 times
    Holding that an employer had a duty to preserve information on its employees' computers at the start of litigation

  7. BMG Music v. Gonzalez

    430 F.3d 888 (7th Cir. 2005)   Cited 77 times
    Holding that court may award minimum statutory damages on summary judgment where there is no genuine issue of material fact

  8. Maverick Recording v. Harper

    598 F.3d 193 (5th Cir. 2010)   Cited 17 times
    Holding that a party "waived her constitutional challenge by failing to raise it [in the district court] in a manner that would allow the district court to rule on it "

  9. Arista Records LLC v. Usenet.com, Inc.

    07 Civ. 8822 (HB) (S.D.N.Y. Sep. 16, 2010)   Cited 3 times
    Disregarding objections aimed at issues already decided by the district court

  10. Muppets Studio, LLC v. Pacheco

    Case No. CV 12-7303 JGB (FFMx) (C.D. Cal. Jun. 6, 2013)

    Case No. CV 12-7303 JGB (FFMx) 06-06-2013 The Muppets Studio, LLC, Plaintiff, v. Bobbi Pacheco a/k/a Bobbi Jo Swartzendruber, an individual and d/b/a oldschoolpuppets, and Does 1 - 10, inclusive, Defendants. JESUS G. BERNAL JUDGMENT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to the Order filed herewith, IT IS ORDERED AND ADJUDGED that default judgment is entered in favor of Plaintiff. The Court orders that judgment shall be entered as follows: 1. Defendant is hereby restrained and enjoined

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,074 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,616 times   56 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

  13. Section 401 - Notice of copyright: Visually perceptible copies

    17 U.S.C. § 401   Cited 240 times   3 Legal Analyses
    Requiring notice on works published "by authority of the copyright owner"