UMG Recordings, Inc. v. Disco Azteca Distributors, Inc.

MEMORANDUM AND ORDER

This matter is before the court on plaintiffs UMG Recordings, Inc. and Fonovisa LLC and plaintiffs and counterdefendants Univision Music LLC and Disa LLC (collectively “plaintiffs”) motion for summary judgment or, alternatively, partial summary judgment. By the motion, plaintiffs seek: (1) a judgment of liability against defendant Disco Azteca Distributors, Inc. (“defendant” or “Disco Azteca”) for copyright infringement of 38 of plaintiffs’ works; (2) a determination that defendant’s infringement was “willful” within the meaning of Section 504 of the Copyright Act, 17 U.S.C. § 504 (c)(2); and (3) a judgment of non-liability in favor of coun-terdefendants Univision Music LLC and Disa LLC (“counterdefendants”) on defendant’s counterclaim for copyright infringement.

Defendant does not oppose the motion with respect to its direct liability for copyright infringement, but argues that a find ing of willfulness cannot be made as a matter of law because triable issues of fact remain regarding its state of mind. Likewise, defendant argues that judgment of non-liability in favor of counterdefendants cannot be made as triable issues of fact exist as to whether…