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FLAVA WORKS, INC. v. GUNTER

No. 11-3190.

689 F.3d 754 (2012)

FLAVA WORKS, INC., Plaintiff-Appellee, v. Marques Rondale GUNTER, doing business as myVidster.com; and SalsaIndy, LLC, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 2012.

Attorney(s) appearing for the Case

Meanith Huon (argued), Attorney, Huon Law Firm, Chicago, IL, for Plaintiff-Appellee.

William J. Lenz, Kevin C. May (argued), Attorneys, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Defendants-Appellants.

Joseph Gratz, Attorney, Durie Tangri LLP, San Francisco, CA, for Amicus Curiae, Google Incorporated and Facebook Incorporated.

Julie P. Samuels, Attorney, Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae, Electronic Frontier Foundation and Public Knowledge.

Robert H. Rotstein, Attorney, Mitchell, Silberberg & Knupp, Los Angeles, CA, for Amicus Curiae, Motion Picture Association of America.

Before POSNER, FLAUM, and WOOD, Circuit Judges.

POSNER, Circuit Judge.

The defendants ("myVidster" for short) appeal from the grant of a preliminary injunction in a suit by Flava Works for copyright infringement. The district judge based the injunction on his finding that myVidster is a contributory infringer (more precisely, that the trier of fact would probably find this to be the case in a trial) — in other words, roughly an infringer's accomplice. See Metro...

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