UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Filing 379

MINUTES (IN CHAMBERS): ORDER RE VEOH'S RENEWED MOTION TO COMPEL VERIFIED INTERROGATORY RESPONSES by Magistrate Judge Andrew J. Wistrich: granting in part and denying in part 229 Motion to Compel Answers to Interrogatories. Compliance within 21 days is required. See document for details. (yb)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al Doc. 379 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES--GENERAL Case No. CV 07-5744 AHM (AJWx) Date: March 31, 2009 Title: UMG RECORDINGS, INC., et al. v. VEOH NETWORKS, INC., et al. =================================================================== PRESENT: HON. ANDREW J. WISTRICH, MAGISTRATE JUDGE Ysela Benavides Deputy Clerk ATTORNEYS PRESENT FOR PLAINTIFFS: None Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: None Present ORDER REGARDING VEOH'S INTERROGATORY RESPONSES RENEWED MOTION TO COMPEL VERIFIED Issue 1 - Interrogatories Regarding UMG's Viral Marketing As to interrogatory 9, the motion is denied. As to interrogatory 10, the motion is denied. As to interrogatory 11, the motion is denied. As to interrogatory 13, the motion is denied. As to interrogatory 15, the motion is granted in part and denied in part. The interrogatory is narrowed to persons acting at the direction or request of UMG, or persons acting with the permission or authorization of UMG, and it is further narrowed to Veoh.com or other internet sites not licensed by UMG. As to interrogatory 16, the motion is granted in part, but the interrogatory is narrowed to the identity of the allegedly infringed works and the number of copies of each such work distributed without charge. As to interrogatory 19, the motion is denied. As to interrogatory 24, the motion is denied. It is not so-called "viral marketing," but rather the uploading of allegedly infringed works to veoh.com or internet sites not licensed by UMG that is relevant, and, if such activity occurred, information concerning it will be provided in response to interrogatory 15. Dockets.Justia.com Issue 2 - Discovery Relating to UMG's Damages, Promotion, Protection, and Value of the Allegedly Infringed Works As to interrogatory 4, the motion is granted in part, but the time period is narrowed to the past 5 years. The information must be provided work-by-work when UMG maintains it on that basis, and on an aggregate basis when UMG does not. As to interrogatory 12, the motion is granted. If UMG contends that it suffered no actual damages, it must say so explicitly. Otherwise, UMG must provide the requested information. As to interrogatory 14, the motion is granted in part and denied in part. This interrogatory is narrowed to the allegedly infringed works, and UMG is obligated merely to produce the licenses (to the extent it has not already done so). To the extent that defendant wishes to compile information from those licenses, it may do so for itself. Issue 3 - Discovery Relating to Notice to Veoh As to interrogatory 20, the motion is granted. UMG must serve a supplemental response describing any oral notices. As to written notices, it is sufficient if UMG produces them. As to interrogatory 21, the motion is granted. Issue 4 - Interrogatory Regarding "Standard Technical Measures" As to interrogatory 17, the motion is granted. If UMG contends that it did not employ any "standard technical measures" as that term is defined in 17 U.S.C. 512(i)(2), it must say so explicitly. Issue 5 - Previous Ownership Disputes Regarding Copyrights at Issue As to interrogatory 23, the motion is granted in part and denied in part. If such a dispute rose to the level of litigation, then UMG must provide the court, the names of the parties, the docket number, and the date on which the complaint was filed. If such a dispute did not rise to the level of litigation, but did rise to a sufficiently serious level that inside counsel or outside counsel for UMG became involved, then UMG must describe the dispute in a supplemental response and produce the documents relating to the dispute. 2 Nothing in this order is intended to restrict UMG's ability to invoke Fed. R. Civ. P. 33(d). Compliance within 21 days is required. IT IS SO ORDERED. cc: Parties MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk________ 3

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