Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Perfect 10, Inc. v. Giganews, Inc.

Petition for certiorari denied on December 4, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
17-320 9th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit correctly held—in conflict with the U.S. Courts of Appeals for the 2nd, 6th, 7th, and 8th Circuits—that a defendant “profits from” direct infringement for purposes of vicarious copyright liability only if a plaintiff proves that its work, as opposed to the totality of the infringing content offered by defendants, was the reason customers were drawn to the defendant's business; and (2) whether the U.S. Court of Appeals for the 9th Circuit correctly held—contrary to the decisions of the Supreme Court—that a defendant does not engage in direct copyright infringement when it displays, reproduces, or distributes infringing material, so long as that conduct is accomplished through an automated process.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 06 2017Application (17A53) to extend the time to file a petition for a writ of certiorari from July 31, 2017 to August 30, 2017, submitted to Justice Kennedy.
Jul 14 2017Application (17A53) granted by Justice Kennedy extending the time to file until August 30, 2017.
Aug 30 2017Petition for a writ of certiorari filed. (Response due October 2, 2017)
Aug 31 2017Waiver of right of respondents Giganews, Inc., et al. to respond filed.
Sep 13 2017DISTRIBUTED for Conference of 10/6/2017.
Sep 20 2017Response Requested. (Due October 20, 2017)
Oct 20 2017Brief of respondents Giganews, Inc., et al. in opposition filed.
Nov 08 2017DISTRIBUTED for Conference of 12/1/2017.
Nov 08 2017Reply of petitioner Perfect 10, Inc. filed. (Distributed)
Dec 04 2017Petition DENIED.
 
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