Capital Records, LLC et al v. Vimeo, LLC et al, No. 1:2009cv10101 - Document 238 (S.D.N.Y. 2021)
Court Description: FINAL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that: (i) for the reasons set forth in the Court's Memorandum and Opinion dated September 18, 2013, Opinion and Order dated December 31, 2013, Opinion and Order dated March 31, 2018, and Opi nion and Order dated May 28, 2021, and pursuant to the Stipulation and Order that was so ordered by the Court on August 26, 2021, judgment is hereby entered for Defendants, and against Plaintiffs, dismissing all of Plaintiffs' claims with pre judice (except for the Remaining Claims listed in Exhibit A) in both of the above-captioned actions and; (ii) pursuant to the terms and conditions of the Stipulation and Order that was ordered by the Court on August 26, 2021, the Remaining Claims listed in Exhibit A are dismissed without prejudice. The time to submit a bill of costs and to file a motion for attorneys' fees is extended until thirty (30) days after the issuance of the mandate with respect to any appeal from this Judgment. (Signed by Judge Ronnie Abrams on 11/1/2021) Filed In Associated Cases: 1:09-cv-10101-RA, 1:09-cv-10105-RA (ate)
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Capital Records, LLC et al v. Vimeo, LLC et al Doc. 238 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CAPITOL RECORDS, LLC, et al., Case No. 09 Civ. 10101 (RA) Plaintiffs, v. VIMEO, LLC d/b/a VIMEO.COM, et al., Defendants. EMI BLACKWOOD MUSIC, INC., et al., Case No. 09 Civ. 10105 (RA) Plaintiffs, v. FINAL JUDGMENT VIMEO, LLC d/b/a VIMEO.COM, et al., Defendants. Defendants in the above-captioned consolidated actions having moved for summary judgment that they qualify for the safe-harbor limitations on liability of the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq., as against all of Plaintiffs’ direct and secondary federal and common law copyright infringement claims and unfair competition claims, and such motions having come before the Honorable Ronnie Abrams, United States District Judge, and the Court thereafter having rendered a Memorandum and Opinion dated September 18, 2013, an Opinion and Order dated December 31, 2013, an Opinion and Order dated March 31, 2018, and an Opinion and Order dated May 28, 2021 granting Defendants’ motions for summary judgment on all claims except for 26 videos-in-suit (encompassing the 27 alleged infringements listed in Exhibit A and incorporated herein by reference) (the “Remaining Claims”); and 1 Dockets.Justia.com The parties having stipulated, and the Court having so ordered on August 26, 2021, that: (i) Plaintiffs’ claims for relief in this litigation on all of the asserted videos-in-suit except for the Remaining Claims are disposed of by the September 18, 2013, December 31, 2013, March 31, 2018, and May 28, 2021 orders of this Court; (ii) the Remaining Claims will be voluntarily dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(a)(2) and the terms and conditions set forth in the parties’ Stipulation and Order that was so ordered on August 26, 2021, including that one or more of the Remaining Claims may be refiled only if Plaintiffs prevail on any of the other claims on appeal of this Judgment such that the Court’s prior disposition of any of those claims is vacated or reversed; and (iii) there are no claims for relief that remain to be adjudicated; now, therefore, IT IS ORDERED, ADJUDGED AND DECREED that: (i) for the reasons set forth in the Court’s Memorandum and Opinion dated September 18, 2013, Opinion and Order dated December 31, 2013, Opinion and Order dated March 31, 2018, and Opinion and Order dated May 28, 2021, and pursuant to the Stipulation and Order that was so ordered by the Court on August 26, 2021, judgment is hereby entered for Defendants, and against Plaintiffs, dismissing all of Plaintiffs’ claims with prejudice (except for the Remaining Claims listed in Exhibit A) in both of the above-captioned actions and; (ii) pursuant to the terms and conditions of the Stipulation and Order that was ordered by the Court on August 26, 2021, the Remaining Claims listed in Exhibit A are dismissed without prejudice. The time to submit a bill of costs and to file // // // 2 Case 1:09-cv-10101-RA Document 237 Filed 10/29/21 Page 3 of 6 a motion for attorneys’ fees is extended until thirty (30) days after the issuance of the mandate with respect to any appeal from this Judgment. SO ORDERED. Dated: November 1, 2021 New York, New York Hon. Ronnie Abrams, U.S. District Judge Entered: ___________, 2021 New York, New York Clerk of Court By: Deputy Clerk of Court 13680907.1 3 Case 1:09-cv-10101-RA Document 237 Filed 10/29/21 Page 4 of 6 EXHIBIT A 13680907.1 4 Case 1:09-cv-10101-RA Document 237 Filed 10/29/21 Page 5 of 6 EXHIBIT A MSJ Video No. Vimeo ID 4 239389 7 1222894 10 187587 12 198058 14 658399 15 1252305 20 1334655 21 202585 23 192834 33 214019 35 3212317 35 3212317 37 130432 58 14617437 59 14551072 70 239378 88 1202119 95 322309 Schedule Capitol Sched. A (original) Capitol Sched. A (original) Capitol Sched. A (original) Capitol Sched. A (original) Capitol Sched. A (original) Capitol Sched. A (original) Capitol Sched. B (original) [pre-72] Capitol Sched. B (original) [pre-72] Capitol Sched. B (original) [pre-72] EMI Pub Sched. A (original) Capitol Sched. A (Amended) EMI Pub Sched. A (original) EMI Pub Sched. A (original) Capitol Sched. A (Amended) Capitol Sched. A (Amended) Capitol Sched. A (Amended) Capitol Sched. A (Amended) Capitol Sched. A (Amended) Artist Track Vimeo URL Blondie Call Me http://vimeo.com/239389 Blur We've Got A File On You Doves Words Gorillaz 19-2000 http://vimeo.com/1222894 http://vimeo.com/channels/juliavids/pa ge:2 http://vimeo.com/channels/juliavids/pa ge:2 Lily Allen Everything's Just Wonderful http://vimeo.com/channels/4882 Radiohead Everything In Its Right Place http://vimeo.com/1252305 Beatles Baby You're a Rich Man http://vimeo.com/1334655 Beatles Don't Let Me Down http://vimeo.com/202585 Beatles Octopus's Garden http://vimeo.com/192834 Jackson 5 I Want You Back http://vimeo.com/214019 Bird and the Bee My Love http://vimeo.com/3212317 Bird And The Bee My Love http://vimeo.com/3212317 Natasha Bedingfield Unwritten http://vimeo.com/130432 Beastie Boys Hey Ladies http://vimeo.com/14617437 Beastie Boys Intergalactic http://vimeo.com/14551072 Blondie Call Me http://vimeo.com/239378 Coldplay Lovers in Japan/Reign of Love http://vimeo.com/1202119 Daft Punk Harder Better Faster Stronger http://vimeo.com/322309 5 page 1 of 2 Case 1:09-cv-10101-RA Document 237 Filed 10/29/21 Page 6 of 6 EXHIBIT A MSJ Video No. Vimeo ID 111 8482051 129 8940040 204 302220 215 207723 229 5908057 236 150310 238 191603 245 233299 249 222079 Schedule Capitol Sched. A (Amended) Capitol Sched. A (Amended) Capitol Sched. A (Amended) Capitol Sched. B (Amended) [pre-72] Capitol Sched. B (Amended) [pre-72] EMI Pub Sched. A (Amended) EMI Pub Sched. A (Amended) EMI Pub Sched. A (Amended) EMI Pub Sched. A (Amended) Artist Track Vimeo URL Fatboy Slim Weapon Of Choice http://vimeo.com/8482051 Iggy Pop China Girl http://vimeo.com/8940040 We Are Scientists Worth the Wait http://vimeo.com/302220 Beatles Back in the U.S.S.R. http://vimeo.com/207723 David Bowie Rock 'N Roll Suicide http://vimeo.com/5908057 Outkast B.O.B. http://vimeo.com/150310 Flaming Lips Presidents of the United States of America Do You Realize? http://vimeo.com/191603 Lump http://vimeo.com/233299 Twista Overnight Celebrity http://vimeo.com/222079 6 page 2 of 2
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