FLO & EDDIE, INC., a California Corporation, individually and on behalf of all others similarly situated, Plaintiff-Appellee,
v.
SIRIUS XM RADIO, INC., a Delaware Corporation, Defendant-Appellant,
Does, 1 through 10, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Brandon Butler , American University Washington College of Law, Washington, DC, for Amici Curiae Law Professors Gary Pulsinelli, Julie Ross, and Peter Jaszi, in support of Defendant-Appellant.
Eugene Volokh , UCLA School of Law, Los Angeles, CA, for Amici Curiae Howard Abrams, Brandon Butler, Michael Carrier, Michael Carroll, Ralph Clifford, Brian Frye, William Gallagher, Eric Goldman, James Grimmelmann, Yvette Liebesman, Brian Love, Tyler Ochoa, David Olson, David Post, Michael Risch, Matthew Sag, Rebecca Tushnet, and David Welkowitz, in support of Defendant-Appellant.
Mitchell Stoltz , Vera Ranieri , Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation, in support of Defendant-Appellant.
Raza Panjwani , John Bergmayer , Public Knowledge, Washington, DC, for Amicus Curiae Public Knowledge, in support of Defendant-Appellant.
Stephen B. Kinnaird , Paul Hastings LLP, Washington, DC; Rick Kaplan , National Association of Broadcasters, Washington, DC; for Amicus Curiae National Association of Broadcasters, in support of Defendant-Appellant.
Adam R. Bialek , Stephen J. Barrett , Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY; David L. Donovan , New York State Broadcasters Association, Inc.; for Amicus Curiae New York State Broadcasters Association, Inc., in support of Defendant-Appellant.
Before: CALABRESI, CHIN, CARNEY, Circuit Judges.
CALABRESI, Circuit Judge:
This case presents a significant and unresolved issue of New York copyright law: Is there a right of public performance for creators of sound recordings under New York law and, if so, what is the nature and scope of that right? Because this question is important, its answer is unclear, and its resolution controls the present...
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