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UCLA Video Streaming Case Updated: Second Amended Complaint Filed

In the UCLA video streaming case, on October 5, 2011 Judge Consuelo Marshall granted UCLA’s motion to dismiss the case, in an opinion primarily grounded on her view that sovereign immunity shields UCLA from suit and that AIME does not have standing to sue on behalf of its members.  Thus the judge’s order did not definitively address the fair use and other substantive copyright issues at the heart of the suit.  The order also permitted the plaintiffs to amend their complaint to add additional factual support for certain of the allegations.  Accordingly on October 24, 2011 Lutzker & Lutzker filed a second amended complaint with expanded allegations as to the injury caused to AIME itself as an association by UCLA’s activities and the specific involvement of top UCLA officials in the decision to stream the Ambrose videos, as well as detailed allegations as to how the Video Furnace technology used by UCLA to stream the videos violated each of the exclusive rights of Ambrose as copyright owner.   UCLA will now have an opportunity to respond to the second amended complaint, following which the judge will issue a new decision.  See second amended complaint and exhibits Part 1, 2, and 3.