13 Cited authorities

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
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' "
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”
A M Records, Inc. v. Napster, Inc.
239 F.3d 1004 (9th Cir. 2001) Cited 738 times 9 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
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
Costar Group, Inc. v. Loopnet, Inc.
373 F.3d 544 (4th Cir. 2004) Cited 160 times 9 Legal Analyses
Holding defendant ISP not liable for direct infringement for simply displaying user-posted real estate photos because defendant’s actions were "not truly ‘copying’ as understood by the [Coypright] Act" and defendant acted simply as a "conduit from or to would-be copiers"
Cartoon Network v. CSC Holdings
536 F.3d 121 (2d Cir. 2008) Cited 118 times 22 Legal Analyses
Holding there was no direct copyright infringement when copies of copyrighted television programs and movies were recorded by a cable company's digital video recorder (DVR) because copies were automatically made upon the customer's demand
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"
Perfect 10, Inc. v. Cybernet Ventures, Inc.
213 F. Supp. 2d 1146 (C.D. Cal. 2002) Cited 72 times 6 Legal Analyses
Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"
Parker v. Google, Inc.
422 F. Supp. 2d 492 (E.D. Pa. 2006) Cited 47 times
Holding that "there is no doubt that Google [another internet search engine] qualifies as an 'interactive computer service'"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,557 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Mavrix Photographs LLC v. Live Journal Inc et al

13 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

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

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 defendant ISP not liable for direct infringement for simply displaying user-posted real estate photos because defendant’s actions were "not truly ‘copying’ as understood by the [Coypright] Act" and defendant acted simply as a "conduit from or to would-be copiers"

Holding there was no direct copyright infringement when copies of copyrighted television programs and movies were recorded by a cable company's digital video recorder (DVR) because copies were automatically made upon the customer's demand

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

Holding images and text on websites "are not statements at all—and thus fall outside the ambit of the hearsay rule"

Holding that "there is no doubt that Google [another internet search engine] qualifies as an 'interactive computer service'"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint