2 Julie A. Ahrens, Stanford Law School, Center for Internet &Society, Standard, CA (Corynne McSherry and Kurt Opsahl,Electronic Frontier Foundation, San Francisco, CA, and SherwinSiy, Public Knowledge, Washington, DC, on the brief) for amicicuriae Electronic Frontier Foundation and Public Knowledge insupport of defendants.Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, LLP,New York, NY (Jonathan B. Oblak and Todd Anten on the brief) foramicus curiae Computer & Communications Industry Association insupport of neither party.DENISE COTE, District Judge: This Opinion addresses cross-motions for summary judgmentfiled by The Associated Press (“AP”), a news cooperative, andMeltwater US Holdings Inc., Meltwater News US Inc., andMeltwater News US1 Inc. (collectively “Meltwater”), an Internetmedia monitoring service. In this action, AP principallycontends that Meltwater is infringing AP’s copyright in itspublished news stories. Meltwater uses a computer programtoscrape news articles on the web and, among other things,provides excerpts of those stories, including many AP stories,in reports it sends each weekday to its subscribers. Meltwaterdoes not dispute that it has taken expressive content fromAPstories that is protected by the Copyright Act, but hasinterposed five defenses to AP’s copyright infringement claim.Meltwater’s principal defense against the infringementclaimis that its excerpting of AP news stories is a fair use.
Case 1:12-cv-01087-DLC Document 156 Filed 03/21/13 Page 2 of 91