Arista Records LLC et al v. Lime Wire LLC et al

Filing 712

ORDER. In May 2010, this Court granted summary judgment in favor of Plaintiffs on their claims against Defendants Lime Wire LLC, Lime Group LLC, and Mark Gorton (collectively, "Defendants") for secondary copyright infringement. See Arista Records LLC v. Lime Group LLC, 715 F. Supp. 2d 481 (S.D.N.Y. 2010) (the "May 2010 decision"). The parties dispute whether the Court's findings in the May 2010 decision established, as a matter of law, that Defendants' conduct was "willful" within the meaning of Section 504(c)(2) of the Copyright Act, 17 U.S.C. § 504(c)(2). See Bryant v. Media Right Prods., Inc., 603 F.3d 135, 143 (2d Cir. 2010) ("A copyright holder seeking to prove that a copier's infringement was willful [under Section 504(c)(2)] must show that the infringer had knowledge that its conduct represented infringement or... recklessly disregarded the possibility.") (internal quotations omitted) (emphasis added). The Court's May 2010 decision did establish, as a matter of law, that Defendants' conduct was "willful" within the meaning of Section 504(c)(2). See, e.g., Lime Group LLC, 715 F. Supp. 2d at 509 (finding that "LW intended to encourage infringement by distributing LimeWire" based in part on "LW's awareness of substantial infringement by users") (emphasis added); id. at 510 ("The massive scale of infringement committed by LimeWire users, and LW's knowledge of that infringement, supports a finding that LW intended to induce infringement.") (emphasis added); id. at 522 (finding that "Gorton knew about the infringement being committed through LimeWire") (emphasis added). (Signed by Judge Kimba M. Wood on 4/25/11) (djc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDSSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#":
DATE FILED: 4/~
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ARISTA RECORDS LLC; ATLANTIC RECORDING
CORPORATION; ARISTA MUSIC, fka BV£G
MUSIC; CAPITOL RECORDS, INC; ELEKTRA
ENTERTAINMENT GROUP INC; INTERS COPE
RECORDS; LAF ACE RECORDS LLC; MOTOWN
RECORD COMPANY, L.P.; PRIORITY RECORDS
LLC; SONY MUSIC ENTERTAINMENT, fka SONY
BMG MUSIC ENTERTAINMENT; UMG RECORDINGS,
INC; VIRGIN RECORDS AMERICA, INC.; and
WARNER BROS. RECORDS INC.,

J

/'1

Order
06 Civ. 5936 (KMW)

Plainti ffs.
-againstLIME GROUP LLC; LIME WIRE LLC; MARK
GORTON; GREG BILDSON; and MJ.G. LIME WIRE
FAMILY LIMITED PARTNERSHIP,
Defendants.

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KIMBA M. WOOD, U.S.D.J.:
In May 2010, this Court granted summary judgment in favor of Plaintiffs on their claims
against Defendants Lime Wire LLC, Lime Group LLC, and Mark Gorton (collectively,
"Defendants") for secondary copyright infringement. See Arista Records LLC v. Lime Group
LLC, 715 F. Supp. 2d 481 (S.D.N.Y. 2010) (the "May 2010 decision").
The parties dispute whether the Court's findings in the May 2010 decision established, as
a matter oflaw, that Defendants' conduct was "willful" within the meaning of Section 504(c)(2)
of the Copyright Act, 17 U.S.C. § 504(c)(2).

Bryant v. Media Right Prods., Inc., 603 F.3d

135, 143 (2d Cif. 2010) ("A copyright holder seeking to prove that a copier's infringement was
willful [under Section 504(c)(2)] must show that the infringer had knowledge that its conduct

-1­

represented infringement or ... recklessly disregarded the possibility.") (internal quotations

omitted) (emphasis added).
The Court's May 2010 decision did establish, as a matter of law, that Defendants'
conduct was "willful" within the meaning of Section 504(c)(2). See, e.g., Lime Group LLC, 715
F. Supp. 2d at 509 (finding that "L W intended to encourage infringement by distributing
LimeWire" based in part on "LW's awareness of substantial infringement by users") (emphasis
added); id. at 510 ("The massive scale of infringement committed by LimeWire users, and LW's
knowledge of that infringement, supports a finding that LW intended to induce infringement.")
(emphasis added); id. at 522 (finding that "Gorton

about the infringement being committed

through LimeWire") (emphasis added).

SO ORDERED.
Dated:

New York, New York
April 25, 2011

(~ )ft. U!7Yl
KIMBA M. WOOD
United States District Judge