S.A. Music, LLC v. Google, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

S.A. MUSIC, LLC, et al., Case No. 20-cv-00488-VC , 20-cv-00538- VC , and 20-cv-00540-VC Plaintiffs,

v. ORDER DENYING DEFENDANTS'

MOTION TO DISMISS

GOOGLE, LLC, et al., Re: Dkt. No. 84 Defendants.

RAY HENDERSON MUSIC CO, INC,

R e: Dkt. No. 78 Plaintiff, v.

GOOGLE, LLC, et al., Defendants. FOUR JAYS MUSIC COMPANY, et al., Re: Dkt. No. 82 Plaintiffs, v.

GOOGLE LLC, et al., Defendants.

Google’s motion to dismiss is denied. The best reading of the complaints is that they allege Google made available, reproduced, and actually sold all of the songs listed. Taking those allegations as true, the issue teed up by the motion to dismiss—whether Google violated the plaintiffs’ right of distribution under the Copyright Act for any songs it may have made available but did not ultimately sell—is a hypothetical one. As both sides agree, the right of distribution was violated once the songs were sold in any event. The issue may become ripe at the summary judgment stage if the evidence shows that some songs were never sold, but at this stage the Court would be issuing an advisory opinion…