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PLAINTIFF ATTORNEY(S)
PLAINTIFF EXPERT(S)
TRIAL LENGTH
TRIAL DELIBERATIONS
JURY COMPOSITION
Andrew H. Bart; Jenner & Block LLP; New York, NY, Luke C. Platzer; Jenner & Block LLP; Washington, DC Frank P. Scibilia and Mona Simonian; Pryor Cashman LLP; New York, NY
Ellis Horowitz ; Software; Los Angeles, CA 1 month
5 days
5 male/ 4 female
2014
TOP VERDICTS NY
copyrighted music. They claimed that the unauthorized tracks or those source sites could be easily and quickly copied to the “lockers”, and thereby added to the collection of searchable links on sideload.com from which they could be further downloaded to personal music- playing devices and otherwise disseminated. They argued that Robertson’s customers thusly obtained free ownership of copyrighted music that the sources illegally disseminated. They also claimed that Robertson’s websites provided access to copyrighted cover-art and images that accompanied the music, and that Robertson and MP3tunes employees acting on behalf of MP3tunes, themselves “sideloaded” unauthorized copies of plaintiffs’ copyrighted recordings into “lockers” in order to add them to sideload.com.
Robertson’s counsel contended that Robertson’s websites did not compromise any other party’s prevention or policing of infringement, that Robertson promptly addressed the notices that were received during the summer and fall of 2007, that Robertson banished customers who abused his websites’ functionality, and that Robertson had not received actual or constructive notice of infringing activity.
Robertson’s counsel also argued that Robertson’s websites were protected by the Digital Millennium Copyright Act, which provides, inter alia, a so-called “safe harbor” from liability for certain information stored by an internet service provider at the direction of a user.
INJURIES/DAMAGES: The plaintiffs claimed that the defendants willfully infringed copyrighted material. They sought an injunction that would halt continuation of any infringing activity that was related to the defendants’ websites. They also sought recovery of compensatory and punitive damages.
RESULT The jury found that MP3tunes infringed the plaintiffs’ right of reproduction and public display of art and images that accompanied copyrighted music, that MP3tunes was secondarily liable for infringing acts of its customers, and that Robertson was secondarily liable for MP3tunes’ actions. It also found that MP3tunes and Robertson had themselves directly infringed certain of the Plaintiffs’ copyrights. It determined that the plaintiffs’ damages totaled $48,061,073, which included punitive damages of $7.5 million.
POST TRIAL Judge William Pauley III vacated the jury’s finding that Robertson infringed the plaintiffs’ right of public display of art and images. Judge Pauley also held that certain of the infringements which the jury had found the defendants had “red flag knowledge” of or had willfully blinded themselves to, were entitled to the DMCA “safe harbor”. Statutory damages were reduced to $12,518,531, and punitive damages were condition- ally reduced to $750,000. Both plaintiffs and defendants have filed an appeal.
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FACTS & ALLEGATIONS Plaintiffs own copyrighted sound recordings and musical compositions. In 2007, plaintiffs learned that two websites were providing access to music, including plaintiffs’ copyrighted recordings and songs. The websites, mp3tunes. com and sideload.com, were owned and operated by defendants Michael Robertson and MP3tunes, LLC.
Sideload.com facilitated the search and location of unauthorized copies of copyrighted recordings and songs on third-party websites. Using sideload.com, a user could copy those infringing files into his or her storage “locker” on another of the defendant’s websites, mp3tunes.com. Once copied into such a “locker” the files would be indexed and searchable on sideload.com, from which any user could further copy and disseminate them.
During the summer and fall of 2007, MP3tunes received notices that demanded removal from the defendants’ sites and servers of songs whose copyrights were owned by the plaintiffs’ and others. Defendants removed from sideload.com some of the links that the notices identified, but did not delete copyrighted music that was stored in users’ “lockers.”
The plaintiffs sued MP3tunes and Robertson. The plaintiffs alleged that MP3tunes and Robertson willfully infringed copyrighted material.
The matter proceeded to a trial against Robertson. MP3tunes, which is bankrupt, was not represented.
Plaintiffs’ counsel contended that Robertson’s websites facilitated illegal copying, dissemination and downloading of copyrighted music. They noted that the sites provided links to Internet-based “source” websites that allowed unauthorized downloading of
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