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Mcclatchey v. Associated Press

RESPONSE to Motion re MOTION in Limine to Limit Plaintiff to Two Statutory Damage Awards under the Digital Millennium Copyright Act

13 Cited authorities

  1. Chamberlain Group v. Skylink Technologies

    381 F.3d 1178 (Fed. Cir. 2004)   Cited 88 times   1 Legal Analyses
    Holding that this court "retain appellate jurisdiction over all pendent claims in the complaint" where the patent claims were dismissed with prejudice below

  2. Cablevision of Southern Connecticut v. Smith

    141 F. Supp. 2d 277 (D. Conn. 2001)   Cited 90 times
    Holding that it was reasonable to infer that a defendant who failed to appear sold or distributed nineteen of the twenty black market decoders he allegedly purchased from an unauthorized dealer

  3. Sony Computer Entertainment America, Inc. v. Filipiak

    406 F. Supp. 2d 1068 (N.D. Cal. 2005)   Cited 25 times
    Applying the definition of willfulness used in copyright infringement context in construing the DMCA

  4. IQ Group, Ltd. v. Wiesner Publishing, LLC

    409 F. Supp. 2d 587 (D.N.J. 2006)   Cited 19 times   1 Legal Analyses
    Addressing whether a plaintiff's information was actual CMI in a § 1202(b) case

  5. Directv, Inc. v. Adkins

    320 F. Supp. 2d 474 (W.D. Va. 2004)   Cited 16 times
    Finding that Congress's evident purpose to prohibit black market distribution of unlawful decryption devices and to punish resellers more harshly than end users prompted the court to impose a $10,000 per device damage award on the defendant

  6. Lexmark International, Inc. v. Static Control Components

    253 F. Supp. 2d 943 (E.D. Ky. 2003)   Cited 13 times
    In Lexmark, the court granted a preliminary injunction in favor of Lexmark to prevent Defendant Static Control Components from marketing a computer chip it developed to circumvent Lexmark's "authentication sequence" that insures that a Lexmark printer is used with a Lexmark toner cartridge.

  7. DirecTV, Inc. v. Hendrix

    No. C-04-0370 JSW (EMC), Docket Nos. 18, 21 (N.D. Cal. Apr. 1, 2005)   Cited 9 times

    No. C-04-0370 JSW (EMC), Docket Nos. 18, 21. April 1, 2005 REPORT AND RECOMMENDATION RE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT EDWARD CHEN, Magistrate Judge On November 2, 2004, Plaintiff DirecTV, Inc. ("DirecTV") moved for default judgment against Defendant Elaine Hendrix. Judge Jeffrey S. White has referred the motion for default judgment to the undersigned for a Report and Recommendation. I. FACTUAL PROCEDURAL BACKGROUND On January 28, 2004, DirecTV filed a complaint against Ms. Hendrix for violation

  8. Directv, Inc. v. McDougall

    Civil Action No: SA-03-CA-1165-XR (W.D. Tex. Nov. 12, 2004)   Cited 6 times
    In McDougall, the defendant had purchased eight Pirate Access Devices and Plaintiff had specifically alleged that Defendant had engaged in an enterprise to sell and/or distribute the Devices.

  9. TOP RANK, INC. v. ORTIZ

    01 Civ. 8427 (WHP)(FM) (S.D.N.Y. Mar. 27, 2003)   Cited 7 times
    Awarding $2000 under the Communications Act and $1500 under the Copyright Act

  10. Section 605 - Unauthorized publication or use of communications

    47 U.S.C. § 605   Cited 3,653 times   3 Legal Analyses
    Granting broad discretion to courts in the award of statutory damages

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

    17 U.S.C. § 504   Cited 3,610 times   56 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  12. Section 1202 - Integrity of copyright management information

    17 U.S.C. § 1202   Cited 552 times   30 Legal Analyses
    Providing that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."

  13. Section 1203 - Civil remedies

    17 U.S.C. § 1203   Cited 284 times   2 Legal Analyses
    Granting discretionary award to "prevailing party"