§Why CasetextPricing

Perfect 10, Inc. v. Yandex N.V.

MOTION for Partial Summary Judgment /Summary Adjudication RE:

14 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,959 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,952 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Devereaux v. Abbey

    263 F.3d 1070 (9th Cir. 2001)   Cited 2,367 times
    Holding that questionable investigative techniques did not cause due process violations and noting that “[f]ailing to follow guidelines or to carry out an investigation in a manner that will ensure an error-free result is one thing; intentionally fabricating false evidence is quite another”

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

    239 F.3d 1004 (9th Cir. 2001)   Cited 740 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

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

    487 F.3d 701 (9th Cir. 2007)   Cited 468 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"

  6. Perfect 10 v. Visa Intern

    494 F.3d 788 (9th Cir. 2007)   Cited 252 times   7 Legal Analyses
    Holding that the court may "affirm on any ground supported by the record"

  7. Allstate Ins. Co. v. Madan

    889 F. Supp. 374 (C.D. Cal. 1995)   Cited 289 times
    Finding a genuine dispute as to coverage based on the testimony of three independent experts

  8. Louis Vuitton Malletier, S.A. v. Akanoc Solutions

    658 F.3d 936 (9th Cir. 2011)   Cited 146 times   4 Legal Analyses
    Holding that to prove willfulness in the copyright context, plaintiff must show that the defendant was actually aware of infringing activity, or that defendant's actions were the result of "reckless disregard" for, or "willful blindness" to, the copyright holder's rights

  9. Religious Technology Center v. Netcom On-line Communication Services, Inc.

    907 F. Supp. 1361 (N.D. Cal. 1995)   Cited 195 times   7 Legal Analyses
    Holding that operator of a computer bulletin board system that forwarded messages from subscribers to other subscribers was not liable for displaying copyrighted works because it took no role in controlling the content of the information but only acted as passive conduit of the information

  10. UMG Recordings, Inc. v. Shelter Capital Partners LLC

    667 F.3d 1022 (9th Cir. 2011)   Cited 14 times   2 Legal Analyses

    Nos. 09–55902 09–56777 10–55732. 2011-12-20 UMG RECORDINGS, INC., a Delaware corporation; Universal Music Corp., a New York corporation; Songs of Universal, Inc., a California corporation; Universal–Polygram International Publishing, Inc., a Delaware corporation; Rondor Music International, Inc., a California corporation; Universal Music–MGB NA LLC, a California Limited Liability Company; Universal Music–Z Tunes LLC, a New York Limited Liability Company; Universal Music–MBG Music Publishing Ltd.

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,812 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 512 - Limitations on liability relating to material online

    17 U.S.C. § 512   Cited 575 times   186 Legal Analyses
    Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"