New York Southern District Court
Judge:Katherine B Forrest
Case #: 1:17-cv-03144
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Apr 28, 2017
Last checked: Wednesday Oct 25, 2017 5:39 AM EDT
Amicus
American Society of Media Photographers
Represented By
Kenneth Lewinn Doroshow
Jenner & Block, Llp (dc)
contact info
Amicus
Digital Media Licensing Association
Represented By
Kenneth Lewinn Doroshow
Jenner & Block, Llp (dc)
contact info
Amicus
Electronic Frontier Foundation
Represented By
Mitchell L. Stoltz
Electronic Frontier Foundation
contact info
Amicus
Getty Images (US) Inc.
Represented By
Kenneth Lewinn Doroshow
Jenner & Block, Llp (dc)
contact info
Amicus
National Press Photographers Association
Represented By
Kenneth Lewinn Doroshow
Jenner & Block, Llp (dc)
contact info
Amicus
North American Nature Photography Association
Represented By
Kenneth Lewinn Doroshow
Jenner & Block, Llp (dc)
contact info
Amicus
Public Knowledge
Represented By
Mitchell L. Stoltz
Electronic Frontier Foundation
contact info
Defendant
Boston Globe Media Partners, LLC
Represented By
Regina Schaffer-Goldman
Morgan Lewis & Bockius, Llp (ny)
contact info
Lawrence Thompson Stanley
Morgan, Lewis & Bockius Llp (boston)
contact info
Bryan P. Goff
Morgan Lewis & Bockius, Llp (ny)
contact info
Defendant
Breitbart News Network LLC
Represented By
Ryan J. Larsen
Katten Muchin Rosenman Llp (los Angeles)
contact info
Tenley Mochizuki
Katten Muchin Rosenman,llp(nyc)
contact info
Defendant
Gannett Company, Inc.
Represented By
Robert Penchina
Ballard Spahr LLP
contact info
Rachel Fan Stern Strom
Davis Wright Tremaine Llp (nyc)
contact info
Defendant
Heavy, Inc.
Represented By
Marc Andrew Lebowitz
Lebowitz Law Offices LLC
contact info
Defendant
New England Sports Network, Inc.
Represented By
Stephen M. Kramarsky
Dewey, Pegno & Kramarsky, LLP
contact info
Defendant
Time Inc.
Represented By
Lacy Herman Koonce, III
Davis Wright Tremaine Llp (nyc)
contact info
Eric Joel Feder
Davis Wright Tremaine Llp (nyc)
contact info
Defendant
Yahoo, Inc.
Represented By
Seth Eliot Spitzer
Winston & Strawn Llp (ny)
contact info
Jennifer A. Golinveaux
Winston & Strawn LLP
contact info
Thomas Patrick Lane
Winston & Strawn Llp (ny)
contact info
Plaintiff
Justin Goldman
680 West End Avenue
New York, NY 10025
Represented By
Kenneth P. Norwick
Norwick & Schad
contact info
TERMINATED PARTIES
Defendant
Herald Media, Inc.
Terminated: 10/13/2017
Represented By
Joseph D. Lipchitz
Mintz Levin Cohn Ferris Glovsky & Popeo, P.C.(nyc)
contact info
Defendant
Vox Media, Inc.
Terminated: 10/06/2017
Represented By
Lacy Herman Koonce, III
Davis Wright Tremaine Llp (nyc)
contact info
Eric Joel Feder
Davis Wright Tremaine Llp (nyc)
contact info


Docket last updated: 2 hours ago
Friday, December 01, 2017
158 158 3 pgs order Order Fri 3:38 PM
ORDER: The Court has reviewed the parties' submissions. Based on the current record, it does not appear that there are triable issues of fact on the question of copyright liability (or non-liability) with regard to "embedding." The trial date is therefore adjourned as a "trial," but the parties should hold the first day of the allotted time (Tuesday, January 16, 2018) for oral argument. The Court will decide at a later date whether oral argument is necessary. With that said, the Court is not convinced in need resolve that question in order to resolve the claims herein. Given the submissions, it is clear that the defendants are several layers down from the plaintiff: an initial known friend posted the content at issue, another known person re-posted it on a site Related [+]. From there, it was picked up and tweeted by "John/Jane Doe." When John/Jane Doe used Twitter to post the work, he/she did so pursuant to Twitter's terms of service. Defendants submitted the Twitter terms of service as part of their statement of undisputed facts. (ECF No. 120.) Plaintiff did not dispute the terms of service. Those terms provide that the user-that is, the individual who posts the tweet with content-conveys to Twitter a non-exclusive license to use, display, and broadcast the work, and to sublicense others to do the same. Based on these terms of service, it appears to the Court that the defendants' position is derivative of Twitter's; that is, if Twitter's connection to the content was pursuant to an actual or implied license, then so is the defendants'. Thus the Court would like additional briefing, as further set forth herein. Each side should submit their views on the above simultaneously not later than December 18, 2017, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 12/1/2017) (ap)
Related: [-] ddit
Thursday, November 30, 2017
157 157 misc Letter Thu 5:35 AM
LETTER addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated November 29, 2017 re: recent decision. Document filed by Justin Goldman.(Norwick, Kenneth)
Related: [-]
Att: 1 decision
Wednesday, November 29, 2017
156 156 misc Rule 56.1 Statement Wed 9:35 PM
RULE 56.1 STATEMENT. Document filed by Yahoo, Inc.. (Lane, Thomas)
Related: [-]
155 155 respm Reply Memorandum of Law in Support of Motion Wed 9:32 PM
REPLY MEMORANDUM OF LAW in Support re:119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment . [Reply Memorandum in Further Support of Defendants' Motion for Partial Summary Judgment] . Document filed by Yahoo, Inc.. (Lane, Thomas)
Related: [-]