Sony Music Entertainment et al v. Cox Communications, Inc. et al, No. 1:2018cv00950 - Document 610 (E.D. Va. 2019)
Court Description: AMENDED MEMORANDUM OPINION. The re 328 Motion is DENIED in its entirety for the reasons stated herein or because issues of material fact remain. The re 312 Motion is GRANTED IN PART AND DENIED IN PART. Plaintiffs' motion is granted as to own ership or control of exclusive rights, as qualified above. and as to knowledge of specific instances of copyright infringement. In all other instances, except for Cox's affirmative defenses which will be the subject of further order of the Court, genuine issues of material fact preclude summary judgment. Signed by District Judge Liam O'Grady on 11/27/2019. (lcre, )
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Sony Music Entertainment et al v. Cox Communications, Inc. et al Doc. 610 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Sony Music Entertainment,et ai. Plaintiffs, Case No. 1;18-cv-950-LO-IDD V. Hon. Liam O'Grady Cox Communications,Inc.,et ai. Defendants. AMENDED MEMORANDUM OPINION AND ORDER Before the Court are the Parties' Cross Motions for Summary Judgment. Dkt. 312(Pis.' Mot.), Dkt. 328(Defs.' Mot.). In a hearing before the Court on November 26,2019, Defendants directed the Court's attention to an issue regarding the knowledge element for contributory infringement, and its treatment at summary judgment. Specifically, there is confusion regarding the treatment of musical compositions within a primafacie case for contributory liability. The Court agrees with the Parties that clarification is appropriate, and takes this opportunity to clarify its ruling. As to knowledge of musical compositions in suit. Section 1I.B.2 is replaced, and this opinion supersedes the Memorandum Opinion and Order of November 15,2019(Dkt. 586). Fifty-three members ofthe recording industry ("Plaintiffs" or "Sony") bring this action for copyright infiingement. They seek relief from Cox Communications, Inc. and CoxCom, LLC("Defendants" or"Cox")for infringement of Plaintiffs' works that allegedly occurred by unauthorized download and distribution of files using Cox's network. Plaintiffs allege both contributory infringement and vicarious liability for infnngement by Cox's internet subscribers. Specifically, Plaintiffs claim that Defendants are liable for infringement of 7,068 copyrighted Dockets.Justia.com
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