Arista Records LLC v. Greubel

• Decision Date: 01 September 2006
• Docket Number: Civil Action No. 4:05-CV-531-Y.
• Citation: 453 F.Supp.2d 961
• Parties: ARISTA RECORDS LLC., et al., Plaintiffs, v. David GREUBEL, Defendant.
• Court: U.S. District Court — Northern District of Texas

Page 961

453 F.Supp.2d 961

ARISTA RECORDS LLC., et al., Plaintiffs, v. David GREUBEL, Defendant.

Civil Action No. 4:05-CV-531-Y.

United States District Court, N.D. Texas, Fort Worth Division.

September 1, 2006.

Stacy R. Obenhaus, Lisa L. Honey, Gardere Wynne Sewell, Dallas, TX, for Plaintiffs.

Charles Lee Mudd, Jr., Scott Lundhagen, Law Office of Charles Lee Mudd Jr., Chicago, IL, John G. Browning, Browning & Fleishman, Dallas, TX, for Defendant.

OPINION AND ORDER DENYING MOTION TO DISMISS

MEANS, District Judge.

Pending before the Court is Defendant's Motion to Dismiss Plaintiffs' Complaint [doc. # 15], filed February 24, 2006. Defendant David Greubel asks the Court to dismiss the complaint in its entirety under Federal Rule of Civil Procedure 12(b)(6), or alternatively, order Plaintiffs to provide a more definite statement in accordance with Rule 12(e). Having carefully reviewed the motion, response, and reply, the Court concludes that the motion should be denied.

I. PROCEDURAL HISTORY AND BACKGROUND¹

Plaintiffs Arista Records LLC; Capital Records, Inc.; UMG Recordings, Inc.; Elektra Entertainment Group, Inc.; and Warner Brothers Records, Inc. (collectively "Plaintiffs") filed a copyright-infringement action against Greubel on August 19, 2005. See generally 17 U.S.C. § 101 et seq.; 28 U.S.C. § 1338(a). Plaintiffs assert that they own certain copyrighted sound recordings, including the sound recordings listed on Exhibit A attached to their complaint, as well as certain unspecified sound recordings found in Exhibit B, which consists of several pages of computer-screen printouts listing 1,087 computer files allegedly found on Greubel's computer. (Plf.Compl.¶ 11, Exs.A-B.) Plaintiffs also assert that each of the sound recordings as to which they assert copyright ownership is the subject of a valid Certificate of Copyright Registration issued by the Register of Copyrights. (Plf.¶ 11). Plaintiffs refer to these sound recordings collectively as "the Copyrighted Recordings," and contend that they hold the exclusive rights for reproduction and distribution of the Copyrighted Recordings. (Plf.Compl. ¶ 12.)

Plaintiffs allege that Greubel has used, and continues to use, an online media distribution system to download the Copyrighted Recordings without authorization, distribute the Copyrighted Recordings to the public, and/or make the Copyrighted Recordings available for distribution to others. (Plf.Compl.¶ 13.). The plaintiffs seek injunctive relief, statutory damages, and their attorneys' fees for Greubel's alleged infringing conduct. (Plf.Compl. ¶ 17.) See generally 17 U.S.C. §§ 501-505. Greubel asks the court to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Alternatively, Greubel has asked the court to order Plaintiffs to provide a more definite statement. See generally Fed.R.Civ.P. 12(e).

II. STANDARD OF REVIEW

"[A] motion to dismiss for failure to state a claim is viewed with disfavor and is rarely granted." Kaiser Aluminum & Chem. Sales v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir.1982). The court must accept as true all well pleaded, nonconclusory allegations in the complaint, and must liberally construe the complaint in favor of the plaintiff. Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242, 246-247 (5th Cir.1997); Campbell v. Wells Fargo Bank, 781 F.2d 440, 442 (5th Cir.1986). However, conclusory allegations, unwarranted deductions of fact, or legal conclusions masquerading as factual allegations will not suffice to prevent the granting of a motion to dismiss. Fernandez-Montes v. Allied Pilots Ass'n, 987 F.2d 278, 284 (5th Cir.1993); Spiller v. City of Tex. City, Police Dep't, 130 F.3d 162, 167 (5th Cir. 1997); Associated Builders, Inc. v. Ala. Power Co., 505 F.2d 97, 100 (5th Cir.1974). A court should not dismiss a complaint for failure to state a claim unless it appears beyond doubt from the face of the plaintiff's pleadings that he can prove no set of facts in support of his claim that would entitle him to relief. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81, L.Ed.2d 59 (1984); Garrett v. Commonwealth Mortgage Corp., 938 F.2d 591, 594 (5th Cir.1991); Kaiser Aluminum, 677 F.2d at 1050. Dismissal is proper if the complaint lacks an allegation regarding a required element necessary to obtain relief. Blackburn v. City of Marshall, 42 F.3d 925, 930 (5th Cir.1995).

III. DISCUSSION

A. Failure to State a Claim

1. Pleading Insufficiencies

Greubel contends that the complaint must be dismissed because it consists of ambiguous, vague, and conclusory allegations and lacks sufficient specificity to state a claim for copyright infringement. He complains that the plaintiffs have filed a formulaic pleading that is identical to numerous copyright-infringement complaints that have been filed nationwide by recording companies and other copyright holders against individual computer users.

Greubel contends that Plaintiffs, to sufficiently allege a cause of action for copyright infringement, must plead with some specificity those acts by the defendant that are infringing. Broad and sweeping allegations without supporting factual assertions have been held to be insufficient. See Marvullo v. Gruner & Jahr, 105 F.Supp.2d 225, 230 (S.D.N.Y.2000). He also relies on a series of district court cases from across the country that have required a plaintiff with a copyright-infringement claim to allege: (1) which specific original works are the subject of the claim, (2) that the plaintiff owns the copyright, (3) that the works have been registered in compliance with copyright laws, and (4) by what acts and during what time the defendant has infringed the copyright. See Sefton v. Jew, 201 F.Supp.2d 730, 747 (W.D.Tex.2001); Kelly v. L.L. Cool J, 145 F.R.D. 32, 36 (S.D.N.Y.1992); Franklin Elec. Publishers, Inc. v. Unisonic Prods. Corp., 763 F.Supp. 1 (S.D.N.Y.1991); Hartman v. Hallmark Cards, Inc., 639 F.Supp. 816, 820 (W.D.Mo.1986). Greubel contends that Plaintiffs' pleading satisfies none of these four elements.

To the extent Greubel is suggesting that there is a heightened pleading requirement for copyright litigation, that position does not comport with the liberal pleading requirements found in the Federal Rules of Civil Procedure² Although Federal Rule of Civil Procedure 9 imposes heightened pleading standards for allegations of fraud or mistake, most causes of action, including copyright infringement claims, must satisfy only the minimal notice-pleading requirements of Federal Rule of Civil Procedure 8. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512, 122 S.Ct. 992, 998, 152 L.Ed.2d 1 (2002); Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 167-169, 113 S.Ct. 1160, 1163, 122 L.Ed.2d 517 (1993); see also Mid Am. Title Co. v. Kirk, 991 F.2d 417, 421-22 (7th Cir.1993)(copyright litigation); Sefton, 201 F.Supp.2d at 747 (W.D.Tex.2001)(copyright litigation). Rule 8 requires a short and plain statement of the claim showing that the pleader is entitled to relief. Fed. R.Civ.P. 8(a)(2). The statement must give the defendant fair notice of the plaintiffs claim and the grounds upon which it rests. Swierkiewicz, 534 U.S. at 512, 122 S.Ct. at 998. The simplified notice-pleading standard relies on liberal discovery rules and summary-judgment motions to define the disputed facts and issues and dispose of meritless, claims. Id. at 512, 122 S.Ct. at 998.

The court declines to adopt Greubel's test to the extent it would impose a heightened pleading standard in cases of alleged copyright infringement.³ However, the court will address each of Greubel's complaints to the extent he alleges that the pleading deficiencies deny him fair notice of the claims against him.

Greubel complains that Plaintiffs have not sufficiently identified the copyrighted works that have been allegedly infringed or properly alleged their ownership of the copyright for each work. Greubel agrees that Exhibit A, the song list appended to Plaintiffs' complaint, adequately identifies specific copyrighted works to which Plaintiffs have asserted ownership rights, but he complains that the same cannot be said of Exhibit B. Greubel contends that Exhibit B, which reflects some 1,087 files allegedly found on his computer,⁴ is the subject of only vague allegations that unspecified files listed on the exhibit reflect sound recordings owned or exclusively licensed to Plaintiffs or their affiliated companies.

Plaintiffs assert in their complaint that they own some of the copyrights for the sound recordings disclosed on Exhibit B to their complaint. Although they do not specify which sound recordings on Exhibit B are at issue and for which statutory damages will be sought, the plaintiffs note that this can be developed through discovery. Plaintiffs also complain that requiring them to narrow their complaints at this stage serves only to penalize them when the lack of specificity Greubel complains of in their pleading is the result of the scope of Greubel's infringement as reflected on the computer printout.

Although Plaintiffs have not identified every copyrighted recording by name, the inclusion of a partial song list and a printout of allegedly offending files on Greubel's computer provides Greubel with sufficient notice of the basis of Plaintiffs' complaint for copyright infringement. Cf. Warner Bros. v. Payne, No. W-06-C051, slip op. at 4-5, 2006 WL 2844415 (W.D.Tex. July 17, 2006)(denying motion to dismiss and finding attachment of screen shots alleged taken from defendant's share folder was sufficient to provide fair notice); Interscope Records v. Duty, No. 05CV3744-PHX-FJM, 2006 WL 988086, at *2 (D.Ariz. Apr.14, 2006)(denying motion to dismiss and finding that complaint incorporating computer screen printouts of alleged copyrighted works on defendant's computer was sufficient under liberal pleading standards). The court agrees with Plaintiffs that specific information...