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BRIDGEPORT MUSIC, INC. v. DIMENSION FILMS

Nos. 02-6521, 03-5738.

410 F.3d 792 (2005)

BRIDGEPORT MUSIC, INC.; Westbound Records, Inc., Plaintiffs-Appellants, Southfield Music, Inc.; Nine Records, Inc., Plaintiffs, v. DIMENSION FILMS; MIRAMAX FILM CORP., Defendants, No Limit Films LLC, Defendant-Appellee. Bridgeport Music, Inc.; Southfield Music, Inc.; Nine Records, Inc., Plaintiffs-Appellants, Westbound Records, Inc., Plaintiff, v. Dimension Films, et al., Defendants, No Limit Films LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard S. Busch, King & Ballow, Nashville, Tennessee, for Appellants. Robert L. Sullivan, Loeb & Loeb, Nashville, Tennessee, for Appellee. ON BRIEF: Richard S. Busch, D'Lesli M. Davis, King & Ballow, Nashville, Tennessee, for Appellants. Robert L. Sullivan, John C. Beiter, Loeb & Loeb, Nashville, Tennessee, for Appellee. Marjorie Heins, Brennan Center for Justice at Nyu School of Law, New York, New York, Paul M. Smith, Jenner & Block, Washington, D.C., Fred von Lohmann, Electronic Frontier Foundation, San Francisco, California, Todd M. Gascon, Law Office of Todd Gascon, San Francisco, California, for Amici Curiae.

Before: GUY and GILMAN, Circuit Judges; BARZILAY, Judge.

AMENDED OPINION ON REHEARING

RALPH B. GUY, JR., Circuit Judge.

The court issued an initial opinion in these consolidated cases on September 7, 2004. Bridgeport Music, Inc. v. Dimension Films, 383 F.3d 390 (6th Cir.2004). Through an Order entered December 20, 2004, the full court denied the petition for rehearing en banc filed by No Limit Films and a panel rehearing...

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