Capitol Records, Inc. et al v. MP3TUNES, LLC et al Featured Case Has Decisions

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Plaintiffs: Capitol Records, Inc., Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records LLC, Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., EMI Longtitude Music, EMI Virgin Music, Inc. and EMI Virgin Songs, Inc.
Defendants: MP3TUNES, LLC and Michael Robertson
 
Case Number: 1:2007cv09931
Filed: November 9, 2007
 
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Judge William H. Pauley III
 
Nature of Suit: Intellectual Property - Copyrights
Cause: 17:101 Copyright Infringement
Jurisdiction: Federal Question
Jury Demanded By: None
 

Available Case Documents

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Date Filed#Document Text
May 14, 2013368Court Opinion or Order MEMORANDUM AND ORDER. For the foregoing reasons, EMI's motion for reconsideration in light of Viacom v. YouTube is granted in part and denied in part. Specifically, EMI's motion is granted as to the issue of willful blindness and "red flag" knowledge, and denied as to the inducement of copyright claim. Defendant Robertson's motion for reconsideration of the October 2011 Order regarding direct copyright infringement is granted in part and denied in part. Robertson's motions for (1) reconsideration of the October 2011 Order regarding infringement of EMI's cover art, (2) reconsideration of the July 2012 Order regarding personal jurisdiction, and (3) summary judgment as to his vicarious liability are denied. T he Clerk of Court is directed to terminate the motions pending at ECF No.'s 333, 334, and 341. Granting in part and denying in part 333 Motion for Reconsideration; Denying 334 Motion for Reconsideration; Granting in part and denying in part 341 Motion for Reconsideration. (Signed by Judge William H. Pauley, III on 5/14/2013). (rjm)
June 25, 2012308Court Opinion or Order MEMORANDUM & ORDER: In conclusion, Robertson's application for a stay is denied. The parties are directed to submit a joint proposed case management schedule by July 6, 2012. Counsel for the parties are further directed to participate in a telep hone conference with the Court on July 9, 2012 at 12:00 p.m., to discuss the proposed case management schedule and set a trial date. Plaintiffs are directed to circulate a call-in number and a list of participants prior to the call. (Signed by Judge William H. Pauley, III on 6/25/2012) (lmb)
October 25, 2011276Court Opinion or Order AMENDED MEMORANDUM & ORDER: For the foregoing reasons, EMI's motion for summary judgment on its claim of contributory copyright infringement against MP3tunes and Robertson for songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers is granted. EMI's motion for summary judgment on its claim of direct infringement against Robertson for the songs he personally sideloaded from unauthorized sites is granted. EMI's motion for summary judgment is d enied in all other respects. MP3tunes and Robertson's motion for summary judgment on its defense under the DMCA safe harbors is granted except with respect to songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers. MP3tunes and Robertson's motion for summary judgment is denied in all other respects. (Signed by Judge William H. Pauley, III on 10/25/2011) (mro)
August 22, 2011267Court Opinion or Order MEMORANDUM & ORDER granting in part and denying in part 183 Motion for Summary Judgment, filed by MP3TUNES, LLC, Michael Robertson; granting in part and denying in part 186 Motion for Summary Judgment, filed by EMI: For the reasons set forth with in, EMI's motion for summary judgment on its claim of contributory copyright infringement against MP3tunes and Robertson for songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers is granted. EMI's m otion for summary judgment on its claim of direct infringement against Robertson for the songs he personally sideloaded from unauthorized sites is granted. EMI's motion for summary judgment is denied in all other respects. MP3tunes and Robertson 's motion for summary judgment on its defense under the DMCA safe harbors is granted except with respect to songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers. MP3tunes and Robertson's motion for summary judgment is denied in all other respects. (Signed by Judge William H. Pauley, III on 8/22/2011) (ab)
October 16, 2009120Court Opinion or Order MEMORANDUM AND ORDER granting 92 Motion to Amend/Correct ; granting in part and denying in part 95 Motion to Dismiss; finding as moot 98 Motion for Sanctions. For the foregoing reasons, MP3tunes' motion to dismiss is granted in part and de nied in part. Plaintiffs' inducement of copyright infringement claim is dismissed. Plaintiffs' motion to file a Second Amended Complaint is granted and Robertson is rejoined as a defendant. MP3tunes's motion for sanctions and attorney's fees is denied as moot. SO ORDERED (Signed by Judge William H. Pauley, III on 10/16/2009) (jmi) Modified on 10/19/2009 (jmi).
March 10, 200974Court Opinion or Order SCHEDULING ORDER NO. 6: Discovery due by 9/7/2009. Joint Pretrial Order due by 10/6/2009. Final Pretrial Conference set for 10/30/2009 at 10:00 AM before Judge William H. Pauley III, as set forth herein. (Signed by Judge William H. Pauley, III on 3/9/2009) (jpo)
February 25, 200971Court Opinion or Order ORDER: Pursuant to the conference held earlier today, it is hereby ORDERED that the defendants' disputed discovery requests are granted solely to the extent indicated on the record at the conference. Additionally, a telephone conference shall be held on April 7, 2009, at 10 a.m. Counsel for plaintiffs should initiate the conference by calling Chambers at (212) 805-6727. (Signed by Magistrate Judge Frank Maas on 2/25/2009) Copies Mailed By Chambers.(jpo) Modified on 3/23/2009 (jpo).
November 9, 20071COMPLAINT against MP3TUNES, LLC, Michael Robertson. (Filing Fee $ 350.00, Receipt Number 632338)Document filed by Virgin Records America, Inc., Beechwood Music Corp., Colgems-EMI Music Inc., EMI April Music Inc., EMI Blackwood Music, EMI Full Keel Music, EMI Golden Torch Music Corp., Capitol Records, Inc., EMI Longtitude Music, EMI Virgin Music, Inc., EMI Virgin Music Inc., EMI Virgin Songs, Inc., Michael Robertson, Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records LLC. (Attachments: # 1 # 2 # 3)(jpo)
Last Document Downloaded: May 15, 2013 05:52:14 PDT

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Plaintiff: Capitol Records, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: Caroline Records, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Christian Music Group, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: Priority Records LLC
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Plaintiff: Virgin Records America, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: Beechwood Music Corp.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: Colgems-EMI Music Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI April Music Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Blackwood Music
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Full Keel Music
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Golden Torch Music Corp.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Longtitude Music
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Virgin Music, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Plaintiff: EMI Virgin Songs, Inc.
Represented By: Andrew Harrison Bart and Steven Bernard Fabrizio
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Defendant: MP3TUNES, LLC
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Defendant: Michael Robertson
Represented By: Steven Bernard Fabrizio
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