NEWTON v. DIAMOND

No. 02-55983.

388 F.3d 1189 (2004)

James W. NEWTON, Jr., dba Janew Music, Plaintiff-Appellant, v. Michael DIAMOND; Adam Horowitz; Adam Yauch, dba Beastie Boys; Capitol Records, Inc., a Delaware Corporation; Grand Royal Records, Inc., a California Corporation; Universal Polygram International Publishing, Inc., a Delaware Corporation; Brooklyn Dust Music, an entity of unknown origin; Mario Caldato, Jr., an individual; Janus Films, LLC, a New York Limited Liability Company; Criterion Collection, a California Partnership; Voyager Publishing Company, Inc., a Delaware Corporation; Sony Music Entertainment Group, a Delaware Corporation; BMG Direct Marketing, Inc., a Delaware Corporation; The Columbia House Company, an entity of unknown origin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2003.

Amended November 9, 2004.


Attorney(s) appearing for the Case

Alan Korn, Law Offices of Alan Korn, Berkeley, CA, for the plaintiff-appellant.

Adam F. Streisand and David C. Nelson, Loeb & Loeb, LLP, and Barry E. Mallen, Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendants-appellees.

Todd M. Gascon, Law Offices of Todd M. Gascon, and Sarah Sevier Farnbach, Phillips & Erlewin, LLP, San Francisco, CA, for the amici curiae.

Before SCHROEDER, Chief Judge, THOMPSON and GRABER, Circuit Judges.


Opinion by Chief Judge SCHROEDER; Dissent by Judge GRABER.

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION AND AMENDED DISSENT

ORDER

The Opinion filed on November 4, 2003, is hereby amended. The clerk shall file the attached Amended Opinion.

With this Amended Opinion, the panel has voted unanimously to deny the petition for panel rehearing and petition for rehearing en banc.

The full court has been advised of the...

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