Contract analysis

I. INTRODUCTION Defendant Redstone Gaming Corp. ("Redstone"), a Delaware corporation publicly traded on the Nasdaq Stock Market under the ticker symbol RDST and headquartered at 4100 Obsidian Tower Boulevard, Suite 2200, Las Vegas, Nevada 89109, respectfully moves this Court for summary judgment on all claims asserted by Plaintiff Luminos Interactive LLC ("Luminos") pursuant to Federal Rule of Civil Procedure 56(a).

II. STATEMENT OF RELEVANT FACTS A. The Parties Redstone Gaming Corp. Redstone Gaming Corp. is a Delaware corporation with its principal offices at 4100 Obsidian Tower Boulevard, Suite 2200, Las Vegas, Nevada 89109. Redstone is publicly traded on the Nasdaq Stock Market under the ticker symbol RDST. (Declaration of Jordan Kessler ("Kessler Decl.") ¶ 2.) The company employs approximately 4,200 individuals across its La

III. LEGAL STANDARD Summary judgment is appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A fact is "material" if it "might affect the outcome of the suit under the governing law," and a dispute is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v.

IV. ARGUMENT A. Redstone Is Entitled to Summary Judgment on Fair Use Grounds Under 17 U.S.C. § 107

Section 107 of the Copyright Act provides that "the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ..., scholarship, or research, is not an infringement of copyright." 17 U.S.C. § 107. In determining whether a use is fair, the statute directs courts to consider four non-exclusive factors: (1) the purpose and character of the use, including whether such use is of a

1. Factor One: The Purpose and Character of the Use — *Ironclad Dominion* Is Highly Transformative. The first fair-use factor examines "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." 17 U.S.C. § 107(1). The "central" question under this factor is "whether the new work is 'transformative' — that is, whether it 'adds something new, w

2. Factor Two: The Nature of the Copyrighted Work. The second fair-use factor examines "the nature of the copyrighted work." 17 U.S.C. § 107(2). This factor "calls for recognition that some works are closer to the core of intended copyright protection than others, with the consequence that fair use is more difficult to establish when the former works are copied." Campbell, 510 U.S. at 586. Redstone acknowledges that

3. Factor Three: The Amount and Substantiality of the Portion Used — De Minimis Overlap. The third fair-use factor considers "the amount and substantiality of the portion used in relation to the copyrighted work as a whole." 17 U.S.C. § 107(3). This factor requires courts to assess both the quantitative extent of the copying and whether the portions taken constitute the "heart" of the copyrighted work. Harper & Row,

4. Factor Four: The Effect of the Use Upon the Potential Market for the Copyrighted Work — No Market Harm. The fourth fair-use factor considers "the effect of the use upon the potential market for or value of the copyrighted work." 17 U.S.C. § 107(4). This factor requires the court to assess not only the extent of market harm caused by the allegedly infringing use, but also "whether unrestricted and widespread conduc

5. Balancing of the Four Factors. The fair-use analysis requires a holistic balancing of all four statutory factors in light of the purposes of copyright. Campbell, 510 U.S. at 578; Severin Industries, 593 U.S. at 33. The undisputed record in this case compels the following conclusions: • Factor One (purpose and character of the use): Weighs heavily in Redstone's favor. Ironclad Dominion is a highly transformative wo