UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500
MOTION INFORMATION STATEMENTDocket Number(s)
: Caption [use short title]
Motion for:
Set forth below precise, complete statement of relief sought:
MOVING PARTY: OPPOSING PARTY:
9
Plaintiff
9
Defendant
9
Appellant/Petitioner
9
Appellee/Respondent
MOVING ATTORNEY: OPPOSING ATTORNEY
:[name of attorney, with firm, address, phone number and e-mail] Court-Judge/Agency appealed from:
Please check appropriate boxes:FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS ANDINJUNCTIONS PENDING APPEAL:
Has movant notified opposing counsel (required by Local Rule 27.1):Has request for relief been made below?
9
Yes
9
No
9
Yes
9
No (explain): Has this relief been previously sought in this Court?
9
Yes
9
NoRequested return date and explanation of emergency:Opposing counsel’s position on motion:
9
Unopposed
9
Opposed
9
Don’t KnowDoes opposing counsel intend to file a response:
9
Yes
9
No
9
Don’t KnowIs oral argument on motion requested?
9
Yes
9
No (requests for oral argument will not necessarily be granted)Has argument
date of appeal been set?
9
Yes
9
No If yes, enter date:__________________________________________________________
Signature of Moving Attorney:
___________________________________
Date:
___________________Has service
been effected?
9
Yes
9
No [Attach proof of service]
ORDER
IT IS HEREBY ORDERED THAT
the motion is
GRANTED DENIED
.
FOR THE COURT:
CATHERINE O’HAGAN WOLFE, Clerk of CourtDate: _____________________________________________By: ________________________________________________
Form T-1080
Case: 10-3270 Document: 90 Page: 1 12/10/2010 164784 26
10-3270Leave to File Brief of Amicus CuriaeViacom International Inc. v. YouTube, Inc.International Intellectual Proert Instit
Hon. Bruce A. Lehman
International Intellectual Proert Institute2301 M St NW Suite 420Washinton DC 20037
United States District Court S.D.N.Y. - Louis L. Stanton
/s/ Bruce A. Lehman
12/10/2010
UNITED STATES COURT OF APPEALSFOR THESECOND CIRCUIT
VIACOM INTERNATIONAL INC.,COMEDY PARTNERS, COUNTRY MUSICTELEVISION, INC., PARAMOUNTPICTURES CORPORATION, BLACKENTERTAINMENT TELEVISION LLC,
Plaintiffs-Appellants
,- against –YOUTUBE, INC., YOUTUBE, LLC,GOOGLE, INC.,
Defendants-Appellees
.
10-3270-cvAFFIDAVIT OF BRUCE A. LEHMAN INSUPPORT OF THE INTERNATIONALINTELLECTUAL PROPERTYINSTITUTE’S MOTION FOR LEAVE TOFILEBRUCE A. LEHMAN
deposes and says:1.
I am the Chairman and President of the International Intellectual PropertyInstitute. From August 1993 through December 1998, I served as Assistant Secretary of Commerce and U.S. Commissioner of Patents and Trademarks. During this time, I chaired theWorking Group on Intellectual Property Rights of the National Information Infrastructure Task Force. The Clinton Administration established the Working Group to examine the intellectualproperty implications of the National Information Infrastructure, of which the Internet was and isthe principal component, and to make recommendations on how to update U.S. intellectualproperty law and policy to meet the challenges of the digital age.2.
IIPI is a non-partisan, not-for-profit 501(c)(3) corporation located in Washington,DC. As an international development organization and think tank, IIPI is dedicated to increasingawareness of intellectual property as a tool for sustainable economic growth. Since 1998, theinstitute has been involved in research, public education, training workshops, technical
Case: 10-3270 Document: 90 Page: 2 12/10/2010 164784 26
assistance, institution building, and consultative services to achieve this goal. IIPI’s interest inthis litigation is in the creation of a balanced public policy that creates economic opportunitieswhile effectively protecting the rights of copyright holders.3.
In response to the administration’s mandate, the Working Group published
The Report of the Working Group on Intellectual Property Rights
, the precursor to the DigitalMillennium Copyright Act (DMCA)—the legislation at issue in this case.
Due to my uniqueexperience, my insight into the context of the DMCA’s “safe harbor” provision will assist theCourt in disposing this case.4.
Plaintiff-Appellant Viacom International Inc. has consented to this filing.5.
Attached as Exhibit A is the Brief for
Amicus Curiae
The InternationalIntellectual Property Institute in Support of Reversal. /s/ Bruce A. LehmanBruce A. Lehman
Case: 10-3270 Document: 90 Page: 3 12/10/2010 164784 26
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