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UCLA Video Streaming Case Updated: Opposition to Motion to Dismiss Filed

In the UCLA video streaming case, following Lutzker & Lutzker’s filing of an amended complaint detailing additional claims, UCLA renewed its motion to dismiss the case on numerous grounds, including state sovereign immunity.  Lutzker & Lutzker filed an Opposition to UCLA’s motion, setting forth extensive arguments as to why the case should go forward.  In particular, our brief claims that UCLA expressly waived its sovereign immunity in its license agreement with Ambrose Video Publishers.  The brief also argues that UCLA’s attempt to hide behind  sovereign immunity while at the same time arguing that the copyright law preempts Ambrose’s state law claims violates the Fourteenth Amendment by depriving Ambrose of its property without due process of law.  The Opposition also attacks UCLA’s defense of fair use as being ultimately unsustainable as well as an entirely inappropriate basis for dismissal at the pleading stage.  A hearing on the motion to dismiss will be held in early May.