UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Figueird Den. Tab

THE FOOTBALL ASSOCIATION PREMIER

LEAGUE LIMITED BOURNE CO. together

139

with its affiliate MURBO MUSIC

PUBLISHING INC. CHERRY LANE

MUSIC PUBLISHING COMPANY INC.

CAL IV ENTERTAINMENT LLC ROBERT

TUR d/b/a LOS ANGELES NEWS SERVICE

NATIONAL MUSIC PUBLISHERS

ASSOCIATION THE RODGERS

HAMMERSTEIN ORGANIZATION STAGE

THREE MUSIC US INC. EDWARD B.

MARKS MUSIC COMPANY FREDDY 07 Civ. 3582 LLS

BIENSTOCK MUSIC COMPANY D/B/A

BIENSTOCK PUBLISHING COMPANY DEFENDANTS ANSWER TO SECOND

ALLEY MUSIC CORPORATION X-RAY AMENDED CLASS ACTION

DOG MUSIC INC. FEDERATION COMPLAINT AND DEMAND FOR JURY

FRANAISE DE TENNIS THE MUSIC TRIAL

FORCE MEDIA GROUP LLC THE MUSIC

FORCE LLC and SIN-DROME RECORDS

LTD. on behalf of themselves and all others

similarly situated

Plaintiffs

v.

YOUTUBE INC. YOUTUBE LLC and

GOOGLE INC.

Defendants.

Plaintiffs and their class action lawyers challenge the protections of the Digital

Millennium Copyright Act DMCA that Congress enacted decade ago to encourage the

development of services like YouTube. Congress recognized that such services could not and

would not exist if they faced liability for copyright infringement based on materials users

uploaded to their services. It chose to immunize these services from copyright liability provided

they are properly responsive to notices of alleged infringement from content owners.
27.

the truth of the

28.

the truth of the

29.

the truth of

30.

the truth of

31.

Defendants are without sufficient knowledge

allegations of paragraph 27 of the Complaint

Defendants are without sufficient knowledge

allegations of paragraph 28 of the Complaint

Defendants are without sufficient knowledge

the allegations of paragraph 29 of the Complaint

Defendants are without sufficient knowledge

the allegations of paragraph 30 of the Complaint

Defendants are without sufficient knowledge

or information to form belief as to

and therefore deny them.

or information to form belief as to

and therefore deny them.

or information to form belief as to

and therefore deny them.

or information to form belief as to

and therefore deny them.

or information to form belief as to

26. Defendants are without sufficient knowledge or information to foijiJ9lief as to

the truth of the allegations of paragraph 26 of the Complaint and therefore deny them.

the truth of the allegations of paragraph 31 of the Complaint and therefore deny them.

32. Paragraph 32 of the Complaint contains legal conclusions as to which no response

is required. To the extent response is required Defendants dispute Plaintiffs conclusions and

deny that Plaintiffs are entitled to any remedies. Defendants are without sufficient knowledge or

information to form belief as to the truth of the remaining allegations of paragraph 32 of the

Complaint and therefore deny them.

33. Defendants are without sufficient knowledge or information to form belief as to

the truth of the allegations of paragraph 33 of the Complaint and therefore deny them.

B. Defendants

34. Defendants admit that the YouTube service became available to the general

public on or about December 15 2005. Defendants deny the remaining allegations of paragraph

34 of the Complaint.

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35. Defendants admit that YouTube LLC is limited liability companized

and existing under the laws of the State of Delaware and with its principal place of business at

1000 Cherry Avenue San Bruno California. Defendants admit that YouTube LLC is whollyowned subsidiary of Google and successor to YouTube Inc. Defendants otherwise deny the

allegations of paragraph 35 of the Complaint.

36. Defendants deny the allegations of paragraph 36 of the Complaint.

37. Defendants admit that Google is publicly held corporation organized and

existing under the laws of the State of Delaware and with its principal place ob business at 1600

Amphitheatre Parkway Mountain View California. Defendants further admit that Google has

place of business in New York State and the Southern District of New York at 76 Ninth Avenue

New York New York and that on or about November 13 2006 Google closed its acquisition of

YouTube. Defendants deny any remaining allegations of paragraph 37 of the Complaint.

38. Defendants deny the allegations of paragraph 38 of the Complaint.

39. Defendants deny the allegations of paragraph 39 of the Complaint.

JURISDICTION AND VENUE

40. Defendants admit that the Complaint purports to state claim under the Copyright

Act 17 U.S.C. 101 et seq. and under statutory and common law unfair competition laws but

deny that any such claims have been stated and that Plaintiffs are entitled to any relief and

otherwise deny the allegations of paragraph 40 of the Complaint.

41. Defendants admit that the Court has subject matter jurisdiction over claims by

Plaintiffs in this action for alleged copyright infringement of their United States works that were

registered with the United States Copyright Office as of the institution of this action. Defendants

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