Capitol Records, LLC v. Redigi Inc.

Filing 286

DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(mro)

EXHIBIT 4

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C26TCAPA
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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CAPITOL RECORDS, LLC,

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Plaintiff,

v.

12 CV 95 (RJS)

REDIGI INC.,

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Defendant.

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New York, N.Y.
February 6, 2012

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3:30 p.m.

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Before:

HON. RICHARD J. SULLIVAN,
District Judge

APPEARANCES
COWAN, LIEBOWITZ & LATMAN

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Attorneys for Plaintiff

BY:

RICHARD MANDEL
JONATHAN KING

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RAY BECKERMAN, PC

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Attorneys for Defendant

BY:

RAY BECKERMAN
M. TY ROGERS

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SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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C26TCAPA
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you look at fair use, their whole defense on fair use basically

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presupposes that we're challenging just the mere act of

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storage.
THE COURT:

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That's my question to you.

So if someone

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just decided to store digital recordings that they purchased

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through iTunes, they wanted to store it in a cloud, that

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requires copying, according to your papers.
MR. MANDEL:

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Yes.

Right?

And that's not what we're

challenging here.
THE COURT:

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But why not?

So what is the difference

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between what is going on here that you are challenging and the

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hypothetical I just supposed?

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MR. MANDEL:

Because what is really gOing on, what

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their entire Web site talks about, their Facebook page,

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everything, is a resale market, the ability not to store it,

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but to sell it.

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resale.

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It's stored in the cloud for the purpose of

THE COURT:

But well, it's stored in the cloud, and

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the process of storage requires a copying.

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you're saying -- I think you're conceding is not a violation of

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the Copyright Act.

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MR. MANDEL:

And that process

For purposes of this case, we're not

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making that claim.

We're not challenging that.

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saying is that you can't subdivide what they're doing.

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they're really saying essentially user A starts out, and he can

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

What we're
And