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Article Excerpt
On July 14, 2004, Chief Judge Marilyn Hall Patel of the Northern District of California issued a ruling addressing the pleading requirements for claims of contributory and vicarious copyright infringement in a series of related cases arising out of the aftermath of the Napster litigation. In these cases, the plaintiffs (comprised of recording studios and music publishers) sued entities with substantial financial investments in Napster, Inc. ("Napster"), alleging that the defendants engaged in contributory and vicarious copyright infringement by investing in, and as a result, allegedly controlling, Napster.
The defendants moved to dismiss, arguing that the plaintiffs had alleged nothing more than that the defendants were investors in Napster and had thus failed to state a claim under Fed. R. Civ. P. 12(b)(6). The court denied the motion because the plaintiffs specifically alleged that the defendants assumed control of Napster and...
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