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Flava Works vs. Myvidster, Marques Rondale Gunter, Salsa Indy, LLC. Filed Non-Party Motion for Leave to File Brief of Amici Curiae Google Inc. and Facebook, Inc. in Support of Neither Party by Google Inc. and Facebook, Inc. Amicus Brief Tendered

Flava Works vs. Myvidster, Marques Rondale Gunter, Salsa Indy, LLC. Filed Non-Party Motion for Leave to File Brief of Amici Curiae Google Inc. and Facebook, Inc. in Support of Neither Party by Google Inc. and Facebook, Inc. Amicus Brief Tendered

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Flava Works vs. Myvidster, Marques Rondale Gunter, Salsa Indy, LLC. Filed Non-Party Motion for Leave to File Brief of Amici Curiae Google Inc. and Facebook, Inc. in Support of Neither Party by Google Inc. and Facebook, Inc. Amicus Brief Tendered
Flava Works vs. Myvidster, Marques Rondale Gunter, Salsa Indy, LLC. Filed Non-Party Motion for Leave to File Brief of Amici Curiae Google Inc. and Facebook, Inc. in Support of Neither Party by Google Inc. and Facebook, Inc. Amicus Brief Tendered

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Published by: Flava Works on Dec 05, 2011
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04/10/2012

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No. 11-3190
 
IN THE
 
United States Court of Appeals
FOR THE SEVENTH CIRCUIT
 FLAVA 
 
WORKS,
 
INC.,
 Plaintiff-Appellee,
 
v.
MARQUES
 
RONDALE
 
GUNTER,
DOING BUSINESS AS
MYVIDSTER.COM
  AND
SALSAINDY,
 
LLC,
 
 Defendants-Appellants.
 ___________ On Appeal from the United States District Courtfor the Northern District of Illinois, Eastern DivisionThe Honorable Judge John F. Grady, presiding
MOTION FOR LEAVETO FILE BRIEF OF AMICI CURIAEGOOGLE INC. AND FACEBOOK, INC.IN SUPPORT OF NEITHER PARTY
Of Counsel:
Fred von LohmannOliver MetzgerG
OOGLE
I
NC
.1600 Amphitheatre ParkwayMountain View, CA 94043650-253-0000Richard NessaryF
 ACEBOOK 
,
 
I
NC
.1601 S. California AvenuePalo Alto, CA 94304650-543-4800Joseph C. GratzD
URIE
T
 ANGRI
LLP217 Leidesdorff StreetSan Francisco, CA 94111415-362-6666
ttorneys for MovantsGoogle Inc. and Facebook, Inc.
 
Case: 11-3190 Document: 15-1 Filed: 11/30/2011 Pages: 9
(1 of 35)
 
1Google Inc. and Facebook, Inc. hereby move the Court, pursuant to FederalRule of Appellate Procedure 29(a), for leave to file the attached brief as
amicicuriae
. This motion sets forth the identity and interest of movants, providesreasons why the
amicus
brief is desirable, and identifies the relevance of thematters asserted to the disposition of the case.
I.
 
IDENTITY AND INTEREST OF MOVANTS
Movant Google Inc., founded in 1998, is a diversified technology companyheadquartered in California’s Silicon Valley. Google’s mission is to organize theworld’s information and make it universally accessible and useful. Google’s historyhas coincided with, and contributed to, a vast expansion of the internet andcomputer technologies that have profoundly influenced human society.Movant Facebook is a social utility that helps people communicate moreefficiently with their friends, family and coworkers. The company developstechnologies that facilitate the sharing of information through the social graph, thedigital mapping of people’s real-world social connections. Facebook currently hasmore than 800 million active users.Proper legal treatment of web technology is important to movants. Thecontinued development and progress of web technology depends on legal certainty,particularly with respect to liability for the misuse by third party users of Internetservices for the purpose of infringing copyright. Lack of certainty not only harmsestablished businesses like Google and Facebook, but may prevent investment inand development of the
next
Google or the
next
Facebook. A recent Booz & Co.study found that imposing greater liability on Internet intermediaries for the
Case: 11-3190 Document: 15-1 Filed: 11/30/2011 Pages: 9
(2 of 35)
 
2actions of their users would have a devastating effect on investment in early-stageInternet companies.
1
 Movants host an enormous quantity of content on behalf of their users, andthat content is frequently linked to, embedded, and displayed on other web sites.For example, every YouTube video displayed on a website other than YouTube isthe result of video transmitted by YouTube’s servers (YouTube is owned by
amicus
 Google).
See, e.g.
, http://www.whitehouse.gov/state-of-the-union-2011 (embedding a  YouTube video of the State of the Union Address on the whitehouse.gov web site).Every “Like” button and every Facebook “Recommend” button shows contenttransmitted by Facebook’s servers.
See, e.g.
, http://www.chicagotribune.com/  (featuring an embedded Facebook “Recommend” button next to each article).Movants are deeply familiar with the ways that websites show material from otherwebsites along with their own material, because, very often, it is material hosted bymovants that is being linked to in that way by other sites.The sites operated by movants also link to content hosted on millions of otherpeople’s sites. Some of these are simple blue hypertext links that send those whoclick on them to another web page. But sometimes the link appears as somethingother than clickable blue text. For example, Google Images presents images thatoperate as links to particular images that users are searching for.
See
 
1
B
OOZ
&
 
C
O
.,
 
T
HE
I
MPACT OF
U.S.
 
I
NTERNET
C
OPYRIGHT
R
EGULATIONS ON
E
 ARLY 
-S
TAGE
I
NVESTMENT
:
 
 A 
 
Q
UANTITATIVE
S
TUDY 
5 (2011),
available at
Case: 11-3190 Document: 15-1 Filed: 11/30/2011 Pages: 9
(3 of 35)

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