321 Studios v. Metro Goldwyn Mayer Studios, Inc.
Opinion
Opinion
Illston, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND RESOLVING RELATED MOTIONS
Presently before the Court are defendant/eounterclaimants’ motion for partial summary judgment, and various accompanying motions. Having carefully considered the arguments of counsel and the papers submitted, the Court hereby GRANTS defendant/counterclaimants motion for partial summary' judgment; GRANTS plaintiff Victor Mattison’s mo tion to dismiss defendants’ counterclaims; DENIES plaintiffs motion for denial or continuance of motion for summary judgment pursuant to Rule 56(f); GRANTS Electronic Frontier Foundation’s and Copyright Law Professors’ motion for leave to file amid briefs in opposition to defendants’ motion for summary judgment; DENIES plaintiffs motion for leave to amend answer to counterclaim; GRANTS Larry Davis’ motion to intervene as plaintiff; and GRANTS defendants’ motion for judicial notice, for the reasons set forth below.
BACKGROUND
A digital versatile disc (“DVD”) is a five inch wide plastic disk that stores digital information. Moore Decl., ¶ 2 n. 1; Schumann Dec!., ¶ 7. DVDs currently make up 39% of the sales of video and film works. Schwerin Decl. ¶ 3. Many…