Case: 1:17-cv-02635-CAB Doc #: 230 Filed: 06/09/23 1 of 3. PageID #: 16013
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF OHIO
`EASTERN DIVISION
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`JAMES HAYDEN,
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`2K GAMES INC., et al.,
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`CASE NO.: 1:17-CV-2635
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`JUDGE CHRISTOPHER A. BOYKO
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`MOTION OF THE REGISTER OF
`COPYRIGHTS FOR
`AN EXTENSION OF TIME TO RESPOND
`TO THE COURT’S ORDER
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`Plaintiff,
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`Defendants.
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`The undersigned counsel of the United States appear on behalf of the Register of
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`Copyrights (Register) for the purpose of requesting an enlargement of the time for filing a
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`response to the Court’s Request to Register of Copyrights Pursuant to 17 U.S.C. § 411(b)(2),
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`Dkt. No. 229 (May 25, 2023) (Order). For the reasons stated below, the Register requests the
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`time for responding be enlarged by 60 days, from June 24, 2023 to August 23, 2023.
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`The Court filed its Order on May 25, 2023 and the Order was received by the Copyright
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`Office (the Office) on the same day. The Order seeks answers to five questions posed by the
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`Court as to whether Office would have refused registration of Plaintiff’s applications for
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`registration, had it known various facts described in the Order. The Order requested a response
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`from the Register of Copyrights in 30 days from receipt, i.e., on or before June 24, 2023.
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`Case: 1:17-cv-02635-CAB Doc #: 230 Filed: 06/09/23 2 of 3. PageID #: 16014
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`The Office has reviewed the Order on behalf of the Register and submits that a fulsome
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`response to the questions posed will require more than 30 days. The Register appreciates the
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`opportunity to provide guidance on copyright registration practices to the Court and gives high
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`priority to requests pursuant 17 U.S.C. § 411(b). Based on the Office’s experience and current
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`workload, the Office anticipates that it will require 60-90 days to provide the Register’s response
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`to the Court.
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`Federal Rule of Civil Procedure 6 (b)(1)(A), permits a court to extend the scheduled dates
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`for good cause. Good cause supports this application because the Register is not a Party to this
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`action and, therefore, did not participate in the scheduling of the response. Nor did the parties
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`consult the Office before requesting that the Court seek the Register’s views.
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`To respond to the Court’s order, attorneys from the Office must carefully review the
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`Office’s records related to the copyright registrations at issue. The Office then must consider all
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`available information in light of the statutory requirements of the Copyright Act, any relevant
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`regulations, and the Office’s copyright registration practices as laid out in the applicable version
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`of the Compendium of U.S. Copyright Office Practices. Attorneys from the Office of the
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`General Counsel work collaboratively with the Registration Policy and Practice division of the
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`Office, as well as with Department of Justice, in drafting the response. The Register personally
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`reviews and signs the final response. The small legal staff of the Office has received several
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`requests under section 411(b) for which the Office is preparing a response. And those same
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`attorneys are currently working on multiple litigation matters, regulatory projects, and policy
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`studies, as well as a new initiative examining copyright law and policy issues raised by artificial
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`intelligence technology. Based on available resources, the Office is unable to provide a response
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`to the Court’s request within 30 days but can do so within 90 days from receipt of the Order.
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`2
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`Case: 1:17-cv-02635-CAB Doc #: 230 Filed: 06/09/23 3 of 3. PageID #: 16015
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`Accordingly, the United States requests that the Register of Copyrights be granted until August
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`23, 2023 to provide her response.
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`On June 1, 2023, counsel for the United States contacted counsel for Hayden and 2K
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`Gaming, Inc., by email, seeking their advice as to whether their respective clients objected to this
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`motion. Counsel for 2K Games, Inc. and Take-Two Interactive Software, Inc. responded on
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`June 1 and counsel for Hayden responded on June 2, 2023. Both parties stated that they did not
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`object to the enlargement.
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`For the foregoing reasons, the Register respectfully requests that this Court issue an
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`Order extending the time for her response from June 24, 2023 to August 23, 2023.
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`Respectfully submitted,
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`MICHELLE M. BAEPPLER
`First Assistant United States Attorney
`Northern District of Ohio
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`By: /s/ Brendan Barker
`Brendan Barker (IL: 6299039)
`Assistant United States Attorney
`United States Court House
`801 West Superior Avenue, Suite 400
`Cleveland, OH 44113
`Phone: (216) 622-3795
`Fax: (216) 522-2404
`Brendan.Barker@usdoj.gov
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`BRIAN M. BOYNTON
`Principal Deputy
`Assistant Attorney
`General
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`By: /s/ Gary Hausken
`GARY HAUSKEN
`Director
`Commercial Litigation
`Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`(202) 307-0342
`gary.hausken@usdoj.go
`v
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