S.A. Music, LLC v. Google, LLC

Background

S.A. Music, LLC, Ray Henderson Music Co., Inc., Four Jays Music Company, and other plaintiffs brought related cases against Google, LLC and other defendants. The complaints asserted claims under the Copyright Act. The opinion states that the complaints alleged Google made available, reproduced, and actually sold all of the listed songs.

Motion and analysis

Google moved to dismiss. The motion raised the question whether Google violated the plaintiffs' distribution right for songs that Google made available but did not ultimately sell. The court explained that, taking the complaints' allegations as true, that question was hypothetical because the parties agreed that the distribution right was violated once a song was sold. Deciding the question at the motion-to-dismiss stage could therefore result in an advisory opinion—an opinion on an issue that might not affect the eventual outcome.

The court rejected Google's reliance on a different decision that resolved the same legal question at the motion-to-dismiss stage. The court stated that, even if the allegations in that case were the same, it disagreed with deciding the issue at that point in the litigation. The court noted that the issue could become appropriate for decision at summary judgment if evidence showed that some songs were never sold.

Ruling

Judge Vince Chhabria denied Google's motion to dismiss. The opinion did not decide whether Google violated the plaintiffs' distribution rights for songs that were made available but never sold; it held that deciding that issue at this stage would be premature.