is granted in part and denied in part.
The Vimeo Website
In 2004, employees of Connected Ventures, LLC, began developing an online platformthat would enable users to upload, share and view original videos. (Defs.’ 56.1 ¶ 2.)
Theresulting website, called “Vimeo” and located at the URL http://vimeo.com (“the Website”),launched in 2005. (Id. ¶¶ 1-3, 6.)
Vimeo differentiates itself from other video-sharing platforms by requiring that thosewho upload a video to the Website must have created, or at least participated in the creation of,the video. (Pls.’ 56.1 ¶¶ 29, 31.) As Vimeo’s President, Dae Mellencamp, explained, “Vimeohas become an online destination for filmmakers who want to share their creative works and personal moments.” (Declaration of Dae Mellencamp, Sept. 7, 2012 (“Mellencamp Decl.”) ¶ 3.)The diverse array of videos on the Website includes,
, animation, documentaries and personal home videos uploaded by,
, artists, politicians, educational institutions and entertainment companies. (Id. ¶ 5; Defs.’ 56.1 ¶¶ 17, 54.)Vimeo has grown considerably since its inception in 2004. In 2009, when this action wasfiled, Vimeo had twenty employees. (Mellencamp Decl. ¶ 22.) By July of this year, it had seventy-four employees. (Id.; Oral Argument Tr., July 18, 2013 (“Tr.”) at 4:24-25.) As of September 2012, Vimeo was one of the top 130 most-visited websites in the world and one of thetop ten online distributors of web video. (Defs.’ 56.1 ¶ 16.) It has approximately 12.3 million
Where only one party’s Rule 56.1 statement is cited, the opposing party either does not dispute that fact or has offered no admissible evidence to controvert it.
In 2008, Connected Ventures, LLC contributed the assets pertaining to the Website to Vimeo, LLC.(Defs.’ 56.1 ¶ 3.)
Case 1:09-cv-10101-RA Document 119 Filed 09/18/13 Page 2 of 56