Salinger v. Colting’s Empirical Analysis
2009
Citation profile
1 federal appellate ·
Relationships
Applies 17 U.S.C. § 101 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976)
Relies on eBay Inc. v. MERCEXCHANGE, LL · Harper & Row, Publishers, Inc. v. Nation Enterprises · Sony Corporation of America v. Universal City Studios Inc · Campbell v. Acuff-Rose Music, Inc. · Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under Rule 65, to obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction is not granted, and (2) either (a) a likelihood of success on the merits or (b) sufficiently serious questions going to the merits to make them a fair ground for litigation, and a balance of hardships tipping decidedly in its favor.”
1 later decision quote this exact passage · from the majoritye.g. Salinger v. Colting“Although Defendants contend that eBay, Inc. v. MercExchange, 547 U.S. 388 , 126 S.Ct. 1837 , 164 L.Ed.2d 641 (2006), undermines the validity of this presumption, that case dealt only with the presumption of irreparable harm in the patent law context, and thus is not controlling in the absence of Second Circuit precedent applying it in the copyright context.”
1 later decision quote this exact passage · from the concurrencee.g. Salinger v. Colting
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.