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Oct 4, 2023 · The case is BMG Rights Management (US) LLC v. MGA Entertainment Inc, U.S. District Court for the Southern District of New York, No. 1:23-cv-00465.
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- Memorandum Opinion
- I. Background
- A. Bittorrent
- B. Rightscorp, Inc.
- C. Cox's Copyright Policy and Graduated Response Procedure
- D. Cox's Rejection of Rightscorp's Notices
- E. Procedural Background
- II. Analysis
- A. Standard of Review
- B. Plaintiffs' Motion For Partial Summary Judgment
Liam O'Grady, United States District Judge In this copyright action, the putative owners of more than 1,400 musical composition copyrights seek to hold Cox Communications, Inc. and Cox Com, LLC (collectively, “Cox”) contributorily and vicariously liable for alleged copyright infringement taking place over its high-speed internet service. At the clo...
Cox provides high-speed internet service to customers nationwide. Plaintiffs BMG Rights Management (US), LLC (“BMG”) and Round Hill Music LP are the putative owners or administrators of approximately 1,400 musical composition copyrights. Plaintiffs allege users of Cox internet service employ BitTorrent, a type of peer-to-peer (“P2P”) file sharing, ...
The innovation of P2P file sharing is that it allows “user's computers [to] communicate directly with each other,” rather than through a central server. Metro – Goldwyn – Mayer Studios, Inc. v. Grokster, Ltd. , 545 U.S. 913, 919, 125 S.Ct. 2764, 162 L.Ed.2d 781 (2005). All P2P protocols have “one thing in common: a decentralized infrastructure wher...
Plaintiffs enlisted Rightscorp, Inc. (“Rightscorp”) as their agent to identify infringing uses of their copyrighted works. Rightscorp's software searches websites that index torrent files and identifies files that appear to contain one or more of the Plaintiffs' copyrighted works. Defs.' SUMF ¶ 19. A torrent file does not actually contain any conte...
Cox's Acceptable Use Policy (“AUP”) provides that account holders may not use Cox's internet service “to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, moral rights, or propriety rights of any party.” Theodore Decl. Ex. 10; Trickey Decl. ¶ 11. The AUP further provides that “[v]iola...
Rightscorp includes within its standard infringement notice an offer of settlement. Specifically, the notices say, “This notice is an offer of settlement. If you click on the link below and login to the Rightscorp, Inc. automated settlement system, for $10.00 [or $20.00] per infringement, you will receive a legal release from the copyright owner.” ...
In November 2014, Plaintiffs filed suit against Cox alleging contributory and vicarious copyright infringement for direct infringements occurring between February 2012 and November 2014. As relief, Plaintiffs seek statutory damages, injunctive relief, fees, and costs.In its answer, Cox asserted a number of defenses, including, as is relevant here, ...
Plaintiffs seek to hold Cox liable for the direct infringing activities of individuals using Cox's internet service. “Although the Copyright Act does not expressly render anyone liable for infringement committed by another, ... doctrines of secondary liability emerged from common law principles and are well established in the law.” Grokster , 545 U...
Summary judgment is appropriate when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A genuine issue of material fact exists where, after reviewing the record as a whole, a court finds that a reasonable jury could return a verdict for the nonmoving party.” McAi...
Plaintiffs move for partial summary judgment on two issues. First, Plaintiffs seek a ruling that they own the copyrights at issue. Second, Plaintiffs ask the Court to find as a matter of law that Cox is not entitled to protection under the DMCA's safe harbor provisions. Cox opposes the motion and asks the Court to deny the motion or alternatively e...
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- 5670 Wilshire Blvd Ste 1400, Los Angeles, 90036-5612, CA
- Branch Manager
Jul 27, 2021 · (Reuters) - Cox Communications has settled its dispute with BMG Rights Management and Rightscorp in Los Angeles federal court over thousands of copyright notices they allegedly misfiled to...
BMG RIGHTS MANAGEMENT (US) LLC et al v. ALTICE USA, INC. et al, No. 2:2022cv00471 - Document 44 (E.D. Tex. 2023) case opinion from the Eastern District of Texas US Federal District Court.
11-50 employees. Headquarters. New York, New York. Founded. 2009. Locations. 1745 BROADWAY. New York, New York 10019, us. Get directions. BMG RIGHTS MANAGEMENT (US) LLC | 17 followers...
