Rosen
Rosen v. HOSTING SERVICES, INC.
Opinion
Opinion
Snyder, J.
Proceedings: (IN CHAMBERS) PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION RE: FIRST CLAIM FOR RELIEF IN COUNTERCLAIM OF HOSTING SERVICES, INC. (Filed 06/28/10)
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (filed 07/19/10)
I. INTRODUCTION
On March 25, 2010, plaintiff Barry Ro-sen (“Rosen”) filed the instant action alleging copyright infringement under 17 U.S.C. § 101 et seq. against defendants Hosting Services, Inc. (“HSI”) and Does 1 through 10. On May 26, 2010, defendant HSI filed a counterclaim, which it amended June 21, 2010. HSI’s first amended counterclaim alleges that plaintiff is in violation of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 (f), and seeks declarations that HSI did not directly or indirectly infringe Rosen’s copyrighted works and that HSI is entitled to the protections offered in the DMCA’s Safe Harbor provision at § 512(c).
On July 19, 2010, HSI filed a motion for summary judgment with respect to Ro-sen’s complaint. Rosen filed his opposition August 2, 2010. As Rosen’s opposition was one week late, HSI filed a motion to strike the opposition, or, in the alternative, to file a late reply on August 10, 2010. The Court has determined that the…