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ABOVEPEER, INC. v. RECORDING INDUST. ASS'N

No. 01-CV-0632(LEK)(RWS).

166 F.Supp.2d 655 (2001)

ABOVEPEER, INC., Plaintiff, v. RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC.; A & M Records, Inc.; Arista Records, Inc.; Atlantic Recording Corp.; BMG Music d/b/a the RCA Records Label; Capitol Records, Inc.; Elektra Entertainment Group, Inc.; Geffen Records, Inc.; Interscope Records, Inc.; Island Records, Inc.; LA Face Records, a joint venture partnership between Arista Ventures, Inc. and LA Face Records, Inc.; MCA Records, Inc.; Motown Record Company L.P.; Polygram Records, Inc.; Sire Records Group, Inc.; Sony Music Entertainment Inc.; Universal Records Inc.; and Virgin Records America Inc., Defendants.

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

June 22, 2001.

ORDER

KAHN, District Judge.

Presently before the Court is Defendants' motion to dismiss or, in the alternative, to stay or transfer Plaintiff's amended complaint pursuant to 28 U.S.C. § 1404(a). For the reasons stated herein, Defendants' motion is denied.

I. BACKGROUND

Plaintiff owns and operates the Aimster system, a service through which users may exchange encrypted information...

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