No. 22-121

ML Genius Holdings LLC v. Google LLC, et al.

Lower Court: Second Circuit
Docketed: 2022-08-09
Status: Denied
Type: Paid
CVSGAmici (3)Relisted (2) Experienced Counsel
Tags: breach-of-contract business circuit-split content-protection contract contract-remedies copyright copyright-preemption preemption service-terms state-law
Key Terms:
Antitrust Copyright
Latest Conference: 2023-06-22 (distributed 2 times)
Question Presented (AI Summary)

Does the Copyright Act's preemption clause allow a business to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?

Question Presented (from Petition)

QUESTION PRESENTED Like countless internet businesses, Genius—an online platform for transcribing and annotating song lyrics—insists that visitors agree to its contractual terms as a condition for availing themselves of the benefit of its services. These terms include the promise not to reproduce the contents of Genius’s platform. Google contractually bound itself to those terms, but, in blatant breach of that contract, Google stole Genius’s labors for its own competing commercial purposes. The Court of Appeals held that the Copyright Act preempts Genius’s breach-of-contract claim, under a provision that applies only to claims that are “equivalent to ... exclusive rights within the general scope of copyright,” 17 U.S.C. § 301(a). At least five circuits disagree with this ruling and only one other circuit agrees. The question presented is: Does the Copyright Act’s preemption clause allow a business to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
Supplemental brief of respondents Google LLC, et al. filed. (Distributed)
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-06-02
Supplemental brief of petitioner ML Genius Holdings LLC filed. (Distributed)
2023-05-23
2022-12-12
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-11-18
2022-11-07
2022-09-08
2022-09-08
2022-09-01
Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022, for all respondents.
2022-08-31
Motion to extend the time to file a response from September 8, 2022 to November 7, 2022, submitted to The Clerk.
2022-08-15
Blanket Consent filed by Petitioner, ML Genius Holdings LLC
2022-08-05
Petition for a writ of certiorari filed. (Response due September 8, 2022)
2022-05-23
Application (21A757) granted by Justice Sotomayor extending the time to file until August 7, 2022.
2022-05-19
Application (21A757) to extend the time to file a petition for a writ of certiorari from June 8, 2022 to August 7, 2022, submitted to Justice Sotomayor.

Attorneys

Digital Justice Foundation
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Amicus
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Amicus
Google LLC
Lisa S. BlattWilliams & Connolly LLP, Respondent
Lisa S. BlattWilliams & Connolly LLP, Respondent
Lisa Schiavo BlattWilliams & Connolly LLP, Respondent
Brian Michael WillenWilson Sonsini Goodrich & Rosati, P.C., Respondent
Brian Michael WillenWilson Sonsini Goodrich & Rosati, P.C., Respondent
ML Genius Holdings LLC
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
Open Markets Institute
Stephen Michael DonigerDoniger / Burroughs, Amicus
Stephen Michael DonigerDoniger / Burroughs, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus