The Football Association Premier League Limited et al v. Youtube, Inc. et al

Filing 166

DECLARATION of Elizabeth Anne Figueira in supoport of Class Plaintiffs' Statement of Uncontroverted Material Facts in support of Their Motion For Partial Summary Judgment in Support re: 158 MOTION for Partial Summary Judgment dismissing with prejudice Defendants' First Defense asserted in Defendants' Answer to the Second Amended Class Action Complaint... Document filed by The Music Force LLC, Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., The Football Association Premier League Limited, Robert Tur, National Music Publishers' Association, The Rodgers & Hammerstein Organization, Edward B. Marks Music Company, Freddy Bienstock Music Company, Alley Music Corporation, X-Ray Dog Music, Inc., Federation Francaise De Tennis, The Scottish Premier League Limited, The Music Force Media Group LLC, Sin-Drome Records, Ltd., Murbo Music Publishing, Inc., Bourne Co.. 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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Figueird Den. Tab THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED with its BOURNE CO. together 139 affiliate MURBO MUSIC PUBLISHING INC. CHERRY LANE MUSIC PUBLISHING COMPANY INC. CAL IV ENTERTAINMENT LLC ROBERT TUR d/b/a LOS ANGELES NEWS SERVICE NATIONAL MUSIC PUBLISHERS ASSOCIATION THE RODGERS HAMMERSTEIN ORGANIZATION STAGE EDWARD B. MARKS MUSIC COMPANY FREDDY BIENSTOCK MUSIC COMPANY D/B/A BIENSTOCK PUBLISHING COMPANY THREE MUSIC INC. US 07 Civ. 3582 LLS ALLEY MUSIC CORPORATION X-RAY DOG MUSIC INC. FEDERATION FRANAISE DE TENNIS THE MUSIC FORCE MEDIA GROUP LLC THE MUSIC FORCE LLC LTD. on behalf similarly DEFENDANTS ANSWER TO SECOND AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL and SIN-DROME RECORDS all of themselves and others situated Plaintiffs v. YOUTUBE INC. YOUTUBE LLC Defendants. and GOOGLE INC. Plaintiffs and their class action lawyers challenge the protections of the Digital Millennium Copyright Act DMCA YouTube. that Congress enacted decade ago to encourage the development of services like Congress recognized that such services could not and would not exist if they faced liability for copyright infringement based on materials users uploaded to their services. It chose to immunize these services from copyright liability provided they are properly responsive to notices of alleged infringement from content owners. 26. Defendants are without sufficient knowledge or information to foijiJ9lief as to the truth of the allegations of paragraph 26 of the Complaint and therefore deny them. 27. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 27 of the Complaint and therefore deny them. 28. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 28 of the Complaint and therefore deny them. 29. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 29 of the Complaint and therefore deny them. 30. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 30 of the Complaint and therefore deny them. 31. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 31 of the Complaint and therefore deny them. 32. Paragraph 32 of the Complaint contains legal conclusions as to which no response is required. To the extent response is required Defendants dispute Plaintiffs conclusions and deny that Plaintiffs are entitled to any remedies. Defendants are without sufficient knowledge or information to form belief as to the truth of the remaining allegations of paragraph 32 of the Complaint and therefore deny them. 33. Defendants are without sufficient knowledge or information to form belief as to the truth of the allegations of paragraph 33 of the Complaint and therefore deny them. B. Defendants 34. Defendants admit that the YouTube service became available to the general public on or about December 15 2005. Defendants deny the remaining allegations of paragraph 34 of the Complaint. -6- 35. Defendants admit that YouTube LLC is limited liability companized place of business at and existing under the laws of the State of Delaware and with its principal 1000 Cherry Avenue San Bruno California. Defendants admit that YouTube LLC is wholly- owned subsidiary of Google and successor to YouTube Inc. Defendants otherwise deny the allegations of paragraph 35 of the Complaint. 36. Defendants deny the allegations of paragraph 36 of the Complaint. 37. Defendants admit that Google is publicly held corporation organized and existing under the laws of the State of Delaware and with its principal place ob business at 1600 Amphitheatre Parkway Mountain View California. Defendants further admit that Google has place of business in New York State and the Southern District of New York at 76 Ninth Avenue New York New York YouTube. Defendants and that on or about November 13 2006 Google of paragraph closed its acquisition of deny any remaining allegations 37 of the Complaint. 38. Defendants deny the allegations of paragraph 38 of the Complaint. 39. Defendants deny the allegations of paragraph 39 of the Complaint. JURISDICTION Defendants admit the AND VENUE to state 40. that Complaint purports claim under the Copyright Act 17 U.S.C. 101 et seq. and under statutory and common law unfair competition laws but deny that any such claims have been stated and that Plaintiffs are entitled to any relief and otherwise deny the allegations of paragraph 40 of the Complaint. 41. Defendants admit that the Court has subject matter jurisdiction over claims by Plaintiffs in this action for alleged copyright infringement of their United States works that were registered with the United States Copyright Office as of the institution of this action. Defendants -7-

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