321 Studios v. Metro Goldwyn Mayer Studios, Inc.

Good Law
307 F. Supp. 2d 1085·2004 WL 415250·70 U.S.P.Q. 2d (BNA) 1028·2004 U.S. Dist. LEXIS 2771
United States District Court, Northern District of CaliforniaFebruary 19, 2004C 02-1955-SICalifornia9,233 words

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…

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