§Why CasetextPricing

CoStar Realty Information, Inc. et al v. Mark Field, et al

RESPONSE in Opposition re Cross MOTION for Summary Judgment

21 Cited authorities

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

    545 U.S. 913 (2005)   Cited 800 times   32 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

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

    239 F.3d 1004 (9th Cir. 2001)   Cited 749 times   10 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

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

    487 F.3d 701 (9th Cir. 2007)   Cited 482 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"

  4. Maryland Highways Contractors Ass'n v. Maryland

    933 F.2d 1246 (4th Cir. 1991)   Cited 356 times
    Holding that “hearsay evidence, which is inadmissible at trial, cannot be considered on a motion for summary judgment”

  5. Greensboro Profess. Fire v. City, Greensboro

    64 F.3d 962 (4th Cir. 1995)   Cited 302 times
    Holding that affidavits and depositions based on hearsay are "neither admissible at trial nor supportive of an opposition to a motion for summary judgment"

  6. Faulkner v. Natl. Geographic Enterprises Inc.

    409 F.3d 26 (2d Cir. 2005)   Cited 157 times
    Holding that disagreement with the Court's decision "is a basis for appeal but not for reconsideration."

  7. Nelson-Salabes v. Morningside Development

    284 F.3d 505 (4th Cir. 2002)   Cited 155 times   1 Legal Analyses
    Holding that to show copyright infringement, a plaintiff "must establish that the defendant engaged in unauthorized copying of the work protected by the copyright"

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

    633 F. Supp. 2d 124 (S.D.N.Y. 2009)   Cited 74 times
    Holding that an employer had a duty to preserve information on its employees' computers at the start of litigation

  9. Matthew Bender Co. v. West Publishing Co.

    158 F.3d 693 (2d Cir. 1998)   Cited 96 times
    Holding that contributory infringement requires actual knowledge of direct infringement

  10. Costar Realty Information, Inc. v. Field

    612 F. Supp. 2d 660 (D. Md. 2009)   Cited 65 times
    Holding that a forum selection clause in which a defendant consented to the federal or state courts of Maryland was sufficient to establish personal jurisdiction over the defendant

  11. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,481 times   76 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  12. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,320 times   409 Legal Analyses
    Holding cellular phones are protected

  13. Rule 805 - Hearsay Within Hearsay

    Fed. R. Evid. 805   Cited 898 times   4 Legal Analyses
    Allowing hearsay within hearsay only "if each part of the combined statements conforms with an exception to the rule"