Perfect 10, Inc. v. Google, Inc.’s Empirical Analysis

Citation profile

14 federal appellate · 2 district · 1 state decisions

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he language of § 502 [of the Copyright Act] is permissive and evokes traditional equitable principles [n]othing in the statute indicates congressional intent to authorize a ‘major departure’ from ‘the traditional four-factor framework that governs the award of injunctive relief ... or to undermine the equitable principle that such relief is an ‘extraordinary and drastic remedy’ that ‘is never awarded as of right,’ ... We therefore conclude that the propriety of injunctive relief in cases arising under the Copyright Act must be evaluated on a case-by-case basis in accord -with traditional equitable principles and without the aid of presumptions or a ‘thumb on the scale’ in favor of issuing such relief.”

   1 later decision quote this exact passage · from the majority
   e.g. 936 F. Supp. 2d 555 - American Beverage Corp. v. Diageo North America, Inc.

2. “Under eBay [ 547 U.S. at 391 , 126 S.Ct. 1837 ], however, courts must analyze each statute separately to determine whether Congress intended to make 'a major departure from the long tradition of equity practice' and create a statutory presumption or categorical rule for the issuance of injunctive relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Obesity Research Inst., LLC v. Fiber Research Int'l, LLC

3. “the requested injunction would forestall”

   1 later decision quote this exact passage · from the majority
   e.g. Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv.