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

Plaintiff: 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.
Defendant: 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: William H. Pauley
 
Nature of Suit: Copyright
Cause of Action: 17:101 Copyright Infringement
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 16, 2009 120 Featured Case 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).
November 9, 2007 1
COMPLAINT 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)
August 22, 2011 267 Featured Case 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 25, 2011 276 Featured Case 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)
June 25, 2012 308 Featured Case 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)
May 14, 2013 368 Featured Case 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)
January 29, 2014 525 Featured Case MEMORANDUM AND ORDER granting in part and denying in part 381 Motion in Limine; granting in part and denying in part 386 Motion in Limine; denying 391 Motion in Limine; granting 394 Motion in Limine; granting in part and denying in part 396 Motion in Limine; denying 399 Motion in Limine; denying 401 Motion in Limine; denying 409 Motion in Limine; denying 411 Motion in Limine; denying 413 Motion in Limine; granting in part and denying in part 415 Motion in Limine; granting i n part and denying in part 417 Motion in Limine; granting 419 Motion in Limine; denying 421 Motion in Limine; denying 423 Motion in Limine; granting in part and denying in part 425 Motion in Limine; granting in part and denying in part [427 ] Motion in Limine; denying 429 Motion in Limine. Finally, a caution to the parties and their attorneys. The sheer volume of in limine motions and the arguments advanced in some of them suggest to this Court a fundamental misconception about a jury trial. While the claims and defenses expanded exponentially as the litigation unfolded, trials distill matters to manageable proportions that a jury can understand. Argument proliferation will be interdicted at trial. Both sides would be well advise d to focus on the relevant evidence instead of endless mudslinging, which reached a feverish pitch in the nineteen "in limine" motions. For the foregoing reasons, the motions in limine pending at ECF Nos. 394 and 419 are granted. The motion s in limine pending at ECF Nos. 391, 399, 401, 409, 411, 413, 421, 423, and 429 are denied. The motions in limine pending at ECF Nos. 381, 386, 396, 415, 417, 425, and 427 are granted in part and denied in part. This Court will not rule on the motion pending at ECF No. 403 at this time. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 381, 386, 391, 394, 396, 399, 401, 403, 409, 411, 413, 415, 417, 419, 421, 423, 425, 427, and 429. (Signed by Judge William H. Pauley, III on 1/29/2014) (ft)
February 25, 2009 71 Featured Case 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).
March 10, 2009 74 Featured Case 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)

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