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
1
1
1
C26TCAPA
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2
------------------------------x
2
3
CAPITOL RECORDS, LLC,
3
4
4
5
5
6
Plaintiff,
v.
12 CV 95 (RJS)
REDIGI INC.,
6
7
Defendant.
7
8
8
9
------------------------------x
New York, N.Y.
February 6, 2012
9
3:30 p.m.
10
10
11
11
12
12
13
13
14
14
Before:
HON. RICHARD J. SULLIVAN,
District Judge
APPEARANCES
COWAN, LIEBOWITZ & LATMAN
15
15
16
Attorneys for Plaintiff
BY:
RICHARD MANDEL
JONATHAN KING
16
17
RAY BECKERMAN, PC
17
18
18
19
20
21
Attorneys for Defendant
BY:
RAY BECKERMAN
M. TY ROGERS
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
21
C26TCAPA
1
you look at fair use, their whole defense on fair use basically
2
presupposes that we're challenging just the mere act of
3
storage.
THE COURT:
4
That's my question to you.
So if someone
5
just decided to store digital recordings that they purchased
6
through iTunes, they wanted to store it in a cloud, that
7
requires copying, according to your papers.
MR. MANDEL:
8
9
Yes.
Right?
And that's not what we're
challenging here.
THE COURT:
10
But why not?
So what is the difference
11
between what is going on here that you are challenging and the
12
hypothetical I just supposed?
13
MR. MANDEL:
Because what is really gOing on, what
14
their entire Web site talks about, their Facebook page,
15
everything, is a resale market, the ability not to store it,
16
but to sell it.
17
resale.
18
It's stored in the cloud for the purpose of
THE COURT:
But well, it's stored in the cloud, and
19
the process of storage requires a copying.
20
you're saying -- I think you're conceding is not a violation of
21
the Copyright Act.
22
MR. MANDEL:
And that process
For purposes of this case, we're not
23
making that claim.
We're not challenging that.
24
saying is that you can't subdivide what they're doing.
25
they're really saying essentially user A starts out, and he can
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
What we're
And
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?