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INFINITY BROADCASTING CORP. v. KIRKWOOD

No. 96 Civ. 0885 (LAK).

63 F.Supp.2d 420 (1999)

INFINITY BROADCASTING CORPORATION, Plaintiff, v. Wayne KIRKWOOD d/b/a Media Dial-Up, Defendant.

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

September 8, 1999.

Attorney(s) appearing for the Case

Bruce P. Keller, Jeremy Feigelson, Debevoise & Plimpton, New York City, for plaintiff.

Wayne Kirkwood, pro se.

MEMORANDUM OPINION

KAPLAN, District Judge.

The issue before the Court is whether the passive carrier exemption provided by Section 111(a)(3) of the Copyright Act of 19761 protects defendant, which operates a dial-up "listen line" service for monitoring copyrighted radio broadcasts in locations remote from that of the caller, from liability for copyright infringement.

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