SiriusXM Wins Partial Summary Judgment On Damages Issue In California Turtles/Flo & Eddie Case
September 12, 2016 at 6:08 AM (PT)
SIRIUSXM RADIO's motion for partial summary judgment in the TURTLES/FLO & EDDIE pre-1972 copyright case in CALIFORNIA was partially granted by U.S. District Judge PHILIP S. GUTIERREZ THURSDAY (9/8).
The ruling dismissed MARK VOLMAN and HOWARD KAYLAN's request for punitive damages, agreeing with the satellite service that “the central issue in this case is one of first impression," meaning that the defendant could not be shown to have the intent of "oppression, fraud, or malice." SIRIUSXM also won summary judgment on the argument of unfair competition, with the judge noting that the defendants were not shown to have passed off the plaintiffs' recordings as their own and the artists are not "competitors" of the satellite service. But the part of the summary judgment motion challenging the plaintiff's damages model as "disgorgement" was denied.