Supreme Court of the United States · Official docket →
Victor Elias Photography, LLC v. Ice Portal, Inc.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-11892 · judgment August 12, 2022
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a business petitioner, and down for a business respondent.
Question presented
Section 1202(b) of the Copyright Act, as amended by the Digital Millennium Copyright Act (DMCA), provides that “[n]o person shall, without the authority of the copyright owner or the law: (1) intentionally remove or alter any cop.yright. management information...knowing, or...having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any right under this title.” 17 U.S.C. § 1202(b). Section 1202(c) of the statute defines “copyright management information” (CMI) to include “information conveyed in connection with copies...of a work...in digital form” such as the “title,” “name of...the author,” and “[identifying numbers or symbols referring to such information or links to such information.” 17 U.S.C. §1202. The question presented is: Whether a plaintiff alleging a violation of § 1202(b) is required to demonstrate that the defendant’s “intentionalQ remov[al] or alter[ation]” of CMI “conveyed in connection with copies of [the plaintiffs] work” was connected, linked or associated in some identifiable way to known instances of infringement, even though the plain language of the statute contains no such requirement.
Counsel of record
For petitioner
Joel Benjamin Rothman
SRIPLAW
For respondent
David J. Wolfsohn
Duane Morris LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
22A357
Order
Order list, January 17, 2023 · Certiorari denied
Proceedings
- Jan 17 2023Petition DENIED.
- Dec 28 2022DISTRIBUTED for Conference of 1/13/2023.
- Dec 20 2022Waiver of right of respondent Ice Portal, Inc. (Shiji) to respond filed.
- Dec 12 2022Petition for a writ of certiorari filed. (Response due January 18, 2023)
- Dec 07 2022Application (22A357) denied by Justice Thomas.
- Nov 28 2022Application (22A357) to extend further the time from December 10, 2022 to January 9, 2023, submitted to Justice Thomas.
- Oct 28 2022Application (22A357) granted by Justice Thomas extending the time to file until December 10, 2022.
- Oct 26 2022Application (22A357) to extend the time to file a petition for a writ of certiorari from November 10, 2022 to January 9, 2023, submitted to Justice Thomas.