U.S. v. BROADCAST MUSIC, INC.

Docket No. 04-3444-CV.

426 F.3d 91 (2005)

UNITED STATES of America, Plaintiff, Music Choice, Movant-Appellant, v. BROADCAST MUSIC, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 6, 2005.


Attorney(s) appearing for the Case

Fernando R. Laguarda, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, Washington, DC (M. Elizabeth Gomperz, Michael T. Haas on the brief), for Appellant Music Choice.

Michael E. Salzman, Hughes Hubbard & Reed LLP, New York, N.Y. (Norman C. Kleinberg, George A. Tsougarakis, Beatrice A. Hamza, Natalie C. Suhl, Marvin L. Berenson, Joseph J. DiMona, Kerri Howland-Kruse on the brief), for Appellee Broadcast Music, Inc.

Barry H. Gottfried, Cynthia D. Greer, Gerard M. Babendreier, Shaw Pittman LLP, Washington, DC and Bruce C. Joseph, Karyn K. Ablin, Wiley Rein & Fielding LLP, Washington, DC for Amici Curiae XM Satellite Radio Holdings Inc., and Siruis Satellite Radio Inc.

Before: SOTOMAYOR, B.D. PARKER, WESLEY Circuit Judges.


B.D. PARKER, JR., Circuit Judge.

INTRODUCTION

This appeal arises from a decision of the United States District Court for the Southern District of New York (Stanton, J.), acting under the Broadcast Music, Inc. ("BMI") Consent Decree,1 to set a rate for Music Choice's licensing of BMI's music. The license would apply to BMI music used by Music Choice on its cable, satellite, and Internet services between October 1, 1994...

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