Flava Works, Inc. v. Gunter d/b/a myVidster.com, No. 10 C 6517 Slip. Op. (N.D. Ill. Sep. 1, 2011) (Grady, J.). 

Judge Grady denied defendant’s motion to reconsider its preliminary injunction, for the following reasons:

  • The Court addressed defendant’s arguments even though they “could and should have been” brought in the original briefing.

  • Defendants’ argument was too narrow. Someone who linked the copyrighted material can be a direct infringer. The alleged direct infringement of defendant’s customers, therefore, can be true whether the myVidster owner saved the copyrighted file or embedded a link to it.