Malibu Media, LLC v. John Doe

Filing 148

ORDER (Memorandum 147 filed previously as separate docket entry) GRANTING pltf's MSJ 122 to extent set forth in Paragraphs 1 & 2 of this order, DENYING deft's MSJ 123 , DEFERRING ENTRY OF JUDGMENT pending trial on issues outlined in P aragraph 5 - whether deft engaged in unauthorized copying of disputed video "In for the Night" & whether pltf... abandoned its rights under Copyright Act to the 20 copyrights-in-suit, & noting court will establish pretrial & trial schedule by separate order forthwith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/08/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOE subscriber assigned IP
Address 71.58.216.197,
Defendant

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CIVIL ACTION NO. 4:15-CV-2281
(Chief Judge Conner)

ORDER
AND NOW, this 8th day of November, 2018, upon consideration of the
motion (Doc. 122) for summary judgment filed by plaintiff Malibu Media, LLC
(“Malibu”), and the motion (Doc. 123) for summary judgment filed by defendant
John Doe, and for the reasons set forth in the accompanying memorandum, it is
hereby ORDERED that:
1.

Malibu’s motion (Doc. 122) for summary judgment is GRANTED to the
extent that there are no genuine disputes of material fact as to whether
John Doe engaged in direct copyright infringement of the following 19
copyrights-in-suit: “Tantric Massage,” “One Night Stand,” “The Rich
Girl Part #2,” “Just the Three of Us,” “One Show For Each,” “Four
Ways,” “Sneaking In,” “A Little Rain Must Fall,” “Sparks,” “Tie Her
Up For Me,” “Angelica means Angel,” “Sweet Awakening,” “Rock Me
Baby,” “Fashion Models,” “Chloe Loves Carl Part 2,” “Give Me More
Part 2,” “Above The Air,” “Coming Late,” and “Sexy En Noir.”

2.

Malibu’s motion (Doc. 122) for summary judgment is further
GRANTED to the extent that there are no genuine disputes of material
fact and Malibu is entitled to summary judgment on the following of
John Doe’s affirmative defenses: actual or implied license, unclean
hands, estoppel, copyright misuse, de minimis infringement, innocent
infringement, failure to mitigate, accord and satisfaction, and failure to
state a claim for injunctive relief.

3.

John Doe’s motion (Doc. 123) for summary judgment is DENIED.

4.

Entry of judgment in accordance with the above paragraphs is
DEFERRED pending trial on the issues outlined in paragraph 5.

5.

This matter shall proceed to trial on the issues of (1) whether John Doe
engaged in unauthorized copying of the disputed video “In for the
Night” and (2) whether Malibu, itself or through the acts of its agents,
abandoned its rights under the Copyright Act to the 20 copyrights-insuit.

6.

The court will establish a pretrial and trial schedule by separate order
to issue forthwith.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania