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COPYRIGHT.NET MUSIC PUB. LLC v. MP3.COM

No. 01 Civ. 7321(JSR).

256 F.Supp.2d 214 (2003)

COPYRIGHT.NET MUSIC PUBLISHING LLC, et al., Plaintiffs, v. MP3.COM, Defendant.

United States District Court, S.D. New York.

April 9, 2003.

Attorney(s) appearing for the Case

Craig Albert, Leo G. Kailas, Reitler, Brown, L.L.C., New York City, for plaintiffs.

Robert Juman, Jeffrey Conciatori, Michael Caruso, Quinn, Emanuel, Urauhart, Oliver & Hedges, New York City, for defendant.

MEMORANDUM

RAKOFF, District Judge.

Prior to the settlement of this lawsuit, plaintiffs moved to strike five of defendant's affirmative defenses, specifically, the defenses of fair use, innocent intent, "express authority, license, or res judicata," advice of counsel, and failure to join indispensable parties. See Answer of MP3.com to Third Amended Complaint at 28-30 (Affirmative Defenses II-VI). Following briefing and oral argument the Court...

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