NEW YORK - A New York federal judge on Aug. 25 found that two disputed functions of a Web-based media-monitoring service did not constitute fair use and, therefore, posed copyright infringement risks to media outlets, granting in part a motion for summary judgment by Fox News Network LLC (Fox News Network LLC v. TVEyes Inc., No. 1:13-cv-05315, S.D. N.Y.; 2015 U.S. Dist. LEXIS 112836).
The operator of the adult dating website AshleyMadison.com was hit with two putative class actions on Aug. 21 as John Doe users of the site filed complaints in California and Texas federal court, respectively, alleging negligence, Stored Communications Act (SCA) violations and other claims related to a recent theft of customer data from the site, which was later released publicly on the Internet (John Doe v. Avid Life Media Inc., et al., No. 2:15-cv-0405, C.D. Calif.; and John Doe v. Avid Life Media Inc., No. 3:15-cv-02750, N.D. Texas).
WILMINGTON, Del. - Allegations that Amazon.com Inc. and Amazon Web Services LLC (Amazon, collectively) infringed seven electronic media signal processing patents were rejected by U.S. Judge Richard G. Andrews of the District of Delaware on Aug. 10 (Personalized Media Communications LLC v. Amazon.com Inc., et al., No. 13-1608, D. Del.).
LOS ANGELES - A company that rebroadcasts copyrighted programs over the Internet may be entitled to a compulsory license under Section 111 of the Copyright Act, a California federal judge ruled July 24, distinguishing the case from a recent related U.S. Supreme Court ruling and disagreeing with a Second Circuit U.S. Court of Appeals ruling on the topic (Fox Television Stations Inc., et al. v. FilmOn X LLC, et al., No. 2:12-cv-06921, and NBCUniversal Media LLC, et al. v. FilmOn X LLC, et al., No. 2:12-cv-06950, C.D. Calif.).
COLUMBUS, Ohio - Finding it clear that the computer hard drives of a man accused of illegal online file sharing are relevant to the copyright infringement claim against him, an Ohio federal judge on July 14 ordered production of the drives for examination under a protective order shielding any portions of the drives designated as confidential by the defendant (Malibu Media LLC v. David Ricupero, No. 2:14-cv-00821, S.D. Ohio; 2015 U.S. Dist. LEXIS 91263).
BOSTON - Although a copyright infringement plaintiff appears to own valid copyrights for its website, a Massachusetts federal judge on July 13 found that he is unable to conclude that the plaintiff is likely to succeed on the merits of its claims (IvyMedia Corporation v. iLIKEBUS Inc. et al., No. 15-11918, D. Mass.; 2015 U.S. Dist. LEXIS 91342).
FORT LAUDERDALE, Fla. - Allegations that the operators of several gossip websites infringed upon the copyrights of a photo supplier were resolved in favor of the defendants July 6 by a Florida federal judge (BWP Media USA Inc. v. South Florida Chronicle Inc. and Print Killer Media Network LLC, No. 13-61976, S.D. Fla.; 2015 U.S. Dist. LEXIS 87197).
BALTIMORE - A subpoena served on the Internet service provider (ISP) of a Doe defendant in a file-sharing suit does not violate the Electronic Communications Privacy Act (ECPA), a Maryland federal judge ruled June 30, finding that the act specifically allows disclosure of subscriber identification information for the purpose of serving process on an alleged infringer in a copyright infringement lawsuit (Malibu Media LLC v. John Doe subscriber assigned to IP Address 188.8.131.52, No. 1:15-cv-01048, D. Md.; 2015 U.S. Dist. LEXIS 85355).
INDIANAPOLIS - Adopting a magistrate's report and recommendation, an Indiana federal judge on June 11 entered default against two defendants in a file-sharing case, finding that their spoliation of evidence prevented the copyright holder from pursuing its infringement claims against them (Malibu Media LLC v. Kelley Tashiro, et al., No. 1:13-cv-00205, S.D. Ind.; 2015 U.S. Dist. LEXIS 75588).
INDIANAPOLIS - Finding that a genuine issue of material fact exists as to whether an accused file-sharer illegally copied six movies, an Indiana federal judge on June 8 denied the copyright holder's motion for summary judgment (Malibu Media LLC v. Michael Harrison, No. 1:12-cv-01117, S.D. Ind.; 2015 U.S. Dist. LEXIS 73447).
WASHINGTON, D.C. - A news and entertainment media operator failed to state a claim upon which relief can be granted, the U.S. Department of State said June 8 in its answer to a complaint by Gawker Media LLC in District of Columbia federal court seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State under the Freedom of Information Act (FOIA) (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).
NEW YORK - A New York woman on June 3 filed a class complaint against iHeartMedia Inc. in New York federal court for allegedly sending unauthorized text messages to cellular phones of people around the country (Beth Shvarts, et al. v. iHeartMedia, Inc., No. 15-3231, E.D. N.Y.).
LAS VEGAS - A request for an indicative ruling that would reconsider his earlier dismissal, on jurisdiction grounds, of a dispute over the "MacPoker" trademark was denied June 1 by a Nevada federal judge (Best Odds Corp. v. iBus Media et al., No. 13-2008, D. Nev.; 2015 U.S. Dist. LEXIS 70509).
INDIANAPOLIS - Although noting that entry of a default judgment in response to discovery abuses is an "extreme" and "draconian" measure, an Indiana federal magistrate judge on May 18 nonetheless found that conduct by two copyright infringement defendants "warrants the harshest of sanctions" (Malibu Media LLC v. Kelley Tashiro and N. Charles Tashiro, No. 13-205, S.D. Ill.; 2015 U.S. Dist. LEXIS 64281).
COLUMBUS, Ohio - Several affirmative defenses raised in response to allegations of copyright infringement were stricken May 12 by an Ohio federal judge (Malibu Media LLC v. Niraj Patel, No. 14-559, S.D. Ohio; 2015 U.S. Dist. LEXIS 62139).
TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court of Appeals case law and Federal Rule of Civil Procedure 34 do not permit the unrestricted computer hard drive access sought in the subpoena (Malibu Media LLC v. Roberto Roldan, No. 8:13-cv-03007, M.D. Fla.).
OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California ruled March 25 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).
ATLANTA - A Florida federal judge properly adopted a magistrate judge's recommendation that a copyright infringement defendant be denied prevailing-party attorney fees under the Copyright Act, the 11th Circuit U.S. Court of Appeals affirmed March 26 (Malibu Media LLC v. Leo Pelizzo, No. 14-11795, 11th Cir.; 2015 U.S. App. LEXIS 4898).