2obtain and share unauthorized copies of Plaintiffs’ sound recordings, and that Defendantsfacilitate this infringement by distributing and maintaining LimeWire.
Plaintiffs raise the following claims against LW, Lime Group, and Gorton: (1)inducement of copyright infringement; (2) contributory copyright infringement; (3) vicariouscopyright infringement; and (4) state common law copyright infringement and unfaircompetition.
Plaintiffs also raise a state law fraudulent conveyance claim against Gorton andLime Wire FLP, and a claim for unjust enrichment against Lime Wire FLP.The parties now move for summary judgment. Plaintiffs move for partial summary judgment on their claims of (1) inducement of infringement; (2) contributory infringement; and(3) common law infringement and unfair competition. LW, Gorton, and Lime Group move forsummary judgment on each of these claims, and on Plaintiffs’ claim of vicarious copyrightinfringement.
Gorton and Lime Wire FLP move for summary judgment on Plaintiffs’fraudulent conveyance and unjust enrichment claims. Defendants also have submitted a numberof motions to exclude evidence submitted by Plaintiffs in support of their motion for summary judgment.
The case was transferred to the undersigned in October 2009 following the Honorable GerardE. Lynch’s appointment to the Court of Appeals for the Second Circuit.
LW filed (1) antitrust counterclaims against Plaintiffs pursuant to Sections 1 and 2 of theSherman Antitrust Act, 15 U.S.C. §§ 1 and 2, and Section 4 of the Clayton Act, Act, 15 U.S.C.§15; and (2) ancillary counterclaims under New York State law for conspiracy in restraint of trade, deceptive trade practices, and tortious interference with prospective business relations.The Court dismissed LW’s claims in 2007. Arista Records LLC v. Lime Group LLC, 532 F.Supp. 2d 556 (S.D.N.Y. 2007).
A joint amicus brief was submitted by the Electronic Frontier Foundation, Center forDemocracy and Technology, Computer & Communications Industry Association, ConsumerElectronics Association, Home Recording Rights Coalition, Information Technology Associationof America, Public Knowledge, Special Libraries Association, and U.S. Internet IndustryAssociation.
Case 1:06-cv-05936-KMW Document 216 Filed 05/11/2010 Page 2 of 59