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

Filing 606

Attachment 4
MEMORANDUM in Opposition to MOTION for Attorney Fees and Costs (REDACTED) 587 filed by Plaintiffs Songs of Universal, Inc., Universal-Polygram International Publishing, Inc., Rondor Music International, Inc., Universal Music - MGB NA LLC, UMG Recordings, Inc., Universal Music - Z Tunes LLC, Universal Music - MBG Music Publishing Ltd., Universal Music Corp.. (Attachments: # 1 Declaration of Brian D. Ledahl in Support of UMG's Opposition, # 2 Exhibit A to Ledahl Decl., # 3 Exhibit B to Ledahl Decl., # 4 Exhibit C to Ledahl Decl., # 5 Exhibit D to Ledahl Decl., # 6 Exhibit E to Ledahl Decl., # 7 Exhibit F to Ledahl Decl., # 8 Exhibit G to Ledahl Decl., # 9 Exhibit H to Ledahl Decl., # 10 Exhibit I to Ledahl Decl., # 11 Exhibit J to Ledahl Decl., # 12 Exhibit K to Ledahl Decl., # 13 Exhibit L to Ledahl Decl., # 14 Exhibit M to Ledahl Decl., # 15 Declaration Carter R. Batsell in Support of UMG's Opposition, # 16 Exhibit A to Batsell Decl., # 17 Exhibit B to Batsell Decl., # 18 Exhibit C to Batsell Decl., # 19 Exhibit D to Batsell Decl., # 20 Exhibit E to Batsell Decl., # 21 Exhibit F to Batsell Decl., # 22 Exhibit G to Batsell Decl., # 23 Exhibit H to Batsell Decl., # 24 Exhibit I to Batsell Decl., # 25 Exhibit J to Batsell Decl., # 26 Exhibit K to Batsell Decl., # 27 Exhibit L to Batsell Decl., # 28 Exhibit M to Batsell Decl., # 29 Exhibit N to Batsell Decl., # 30 Exhibit O to Batsell Decl., # 31 Exhibit P to Batsell Decl.)(Batsell, Carter)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al Doc. 606 Att. 4 IRELL & MANELLA A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP INCLUDING 64O N E W P O R T CENTER D R I V E , S U I T E 4OO I8OO AVENUE OF THE STARS, SUITE NEWPORT BEACH. CA 9266O-G324 T E L E P H O N E (949) 7 6 O - O 9 9 I F A C S I M I L E (949) 76O-52GO PROFESSIONAL CORPORATIONS LLP TELEPHONE 9OO (3IO) 277-IOIO FACSIMILE (3|O) 2O3-7I99 LOS ANGELES, CALIFORNIA 9OO67-4276 W E B S I T E : www.irell.com W R I T E R ' S DIRECT smarenberg@frell.com October 1,2007 VIA EMAIL AND U.S. MAIL Michael S. Elkin, Esq. Winston & Strawn LLP 200 Park Avenue New York, New York 10166 Re: UMG Recordings, Inc., et al. v. Veoh Networks, Inc. Dear Mr. Elkin: I write in response to your letter of September 24, 2007. I am not quite sure what prompted your letter or what purpose it serves. Perhaps it was written as posturing "for the record." If so, and because it is so riddled with inaccuracies, I am obliged to respond. First, your letter suggests that UMG's Complaint against Veoh Networks,-Inc. ("Veoh") does not identify works infringed by Veoh. This assertion is wrong. As just one example - indeed the example referenced in your letter - UMG's Complaint makes clear that the music video for the song "Fergalicious" appears without authorization on the Veoh internet site. A brief investigation reveals that Veoh has chosen, notwithstanding UMG's filing of its Complaint on September 4, 2007, to leave this content on the Veoh site. In fact, running the same search (using the word "Fergie") referenced in UMG's Complaint reveals even more infringing content on Veoh's site appears today, than on the day UMG's Complaint was filed. These facts belie the assertion in your letter that "Veoh takes allegations of copyright infringement very seriously." But the "Fergalicious" video is only one of thousands of infringements that are taking place daily on Veoh's internet site - as UMG's Complaint makes clear. Your letter professes an inability to identify those infringements or even copyrighted material on Veoh. This assertion is not credible - nor will it serve Veoh well in the lawsuit - particularly given Veoh's decision not to remove even the exemplary infringing content identified in UMG's Complaint. UMG is not, as your letter suggests, obliged to police Veoh's internet site to identify each instance in which Veoh is displaying unauthorized content, nor would it be possible for UMG to do so, since Veoh controls its own site. Veoh is well aware that it has not been authorized to use UMG content on its internet site. Your letter confirms that Veoh has taken no steps to remove UMG content from its internet site or to prevent further 1758947 Exhibit C Page 35 ockets.Justia.com D I R E L L & M A N E L L A LLP A REGISTERED LIMITED LIABILITY LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS Michael S. Elkin, Esq. October 1, 2007 Page 2 infringement in any way. Instead, it appears that Veoh has increased the scope of its infringement since the filing of UMG's Complaint. In any event, I do not believe it would be productive to continue to respond to inaccurate self-serving letters. Due consideration of the issues raised by UMG's Complaint, including the parties' positions regarding the applicability or inapplicability of 17 U.S.C. § 512(c) to Veoh's conduct, is better reserved for presentation to the Court. If Veoh wishes to demonstrate its seriousness about removing infringing content, it can readily undertake to do so. Very truly yours, SAMrbdl 1758947 Exhibit C Page 36

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