Logourl black
From our private database of 14,100+ case briefs...

Flava Works, Inc. v. Gunter

United States Court of Appeals for the Seventh Circuit
689 F.3d 754 (2012)


Facts

Flava Works, Inc. (Flava) (plaintiff) created homoerotic videos of black men and sold them online. Flava’s customers were allowed to download videos from Flava’s server to their personal computers for non-commercial use. myVidster (defendant) was an online bookmarking service that allowed users to bookmark a video and create a public link to that bookmarked video. No videos were uploaded to myVidster. myVidster acted only as a service to link viewers to videos hosted on other servers. Some Flava customers downloaded videos that they had purchased from Flava. Then the customers uploaded Flava’s videos to a server and linked the videos to myVidster for public viewing. Flava sued myVidster for contributory infringement of Flava’s copyrighted videos. Flava also asked for a preliminary injunction against myVidster while the lawsuit was pending. The district court granted the preliminary injunction. myVidster appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Posner, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.