Supreme Court of the United States · Official docket →
ML Genius Holdings LLC v. Google LLC, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3113 · judgment March 10, 2022
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.
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?
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 06 2023Supplemental brief of respondents Google LLC, et al. filed. (Distributed)
- Jun 02 2023Supplemental brief of petitioner ML Genius Holdings LLC filed. (Distributed)
- May 23 2023Brief amicus curiae of United States filed.
- Dec 12 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
- Nov 18 2022Reply of petitioner ML Genius Holdings LLC filed. (Distributed)
- Nov 07 2022Brief of respondents Google LLC, et al. in opposition filed.
- Sep 08 2022Brief amicus curiae of Open Markets Institute filed.
- Sep 08 2022Brief amicus curiae of Digital Justice Foundation filed.
- Sep 01 2022Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2022, for all respondents.
- Aug 31 2022Motion to extend the time to file a response from September 8, 2022 to November 7, 2022, submitted to The Clerk.
- Aug 15 2022Blanket Consent filed by Petitioner, ML Genius Holdings LLC
- Aug 05 2022Petition for a writ of certiorari filed. (Response due September 8, 2022)
- May 23 2022Application (21A757) granted by Justice Sotomayor extending the time to file until August 7, 2022.
- May 19 2022Application (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.