9 Cited authorities

Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 967 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”
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"
Fonovisa, Inc. v. Cherry Auction, Inc.
76 F.3d 259 (9th Cir. 1996) Cited 233 times 2 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
Luvdarts, LLC v. AT & T Mobility, LLC
710 F.3d 1068 (9th Cir. 2013) Cited 53 times
Holding that contributory copyright infringement "requires more than a generalized knowledge . . . of the possibility of infringement"; it requires "specific knowledge of infringement"
Warner Bros. Entertainment Inc. v. WTV Systems, Inc.
824 F. Supp. 2d 1003 (C.D. Cal. 2011) Cited 18 times
Holding that allowing customers to “rent” a remote DVD player and stream movies over the Internet was a public performance
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,745 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 570 times 185 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

Mavrix Photographs LLC v. Live Journal Inc et al

9 Cited authorities

Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

Holding that an online image search index was "highly transformative"

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

Holding that contributory copyright infringement "requires more than a generalized knowledge . . . of the possibility of infringement"; it requires "specific knowledge of infringement"

Holding that allowing customers to “rent” a remote DVD player and stream movies over the Internet was a public performance

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"