Legal Opinion
Smith v. Barnesandnoble.com, LLC
District Court, S.D. New York
Decided November 2, 2015No. 1:12-cv-04374 (ALC)(GWG)PublishedCited by 10 opinions
1Opinion of the Court
OPINION AND ORDER
ANDREW L. CARTER, JR., District Judge:
Louis K. Smith (“Smith”) brought claims of direct and contributory copyright infringement against Defendant Barnesand-Noble.com (“Defendant” or “Barnes & Noble”), based on the fact that a free sample of Smith’s book remained in a single customer’s cloud-based storage locker after Smith terminated his distribution agreement.
Smith had entered into an agreement with an online eBook distributor to make a book he authored available on both the distributor’s own website and the websites of its retail partners. Defendant was such a partner, and…
2Cases cited21 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Amnesty America v. Town of West HartfordCourt of Appeals for the Second Circuit · 2004
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3Cited by10 opinions
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- Business Casual Holdings, LLC v. Youtube, LLCDistrict Court, S.D. New York · 2022
- Dow Jones & Company, Inc. v. Juwai Ltd.District Court, S.D. New York · 2023
- Hartmann v. Amazon.com Inc.District Court, S.D. New York · 2021
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