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U.S. v. AMERICAN SOC. OF COMPOSERS, AUTH. & PUB.

Civil Action No. 41-1395 (WCC).

559 F.Supp.2d 332 (2008)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, et al., Defendants. In the Matter of the Application of America Online, Inc., Applicant, for the Determination of Reasonable License Fees. In the Matter of the Application of RealNetworks, Inc., Applicant, for the Determination of Reasonable License Fees. In the Matter of the Application of Yahoo! Inc., Applicant, for the Determination of Reasonable License Fees.

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

April 30, 2008.

Attorney(s) appearing for the Case

Carol A. Witschel, Esq., I. Fred Koenigsberg, Esq., Christopher J. Glancy, Esq., Meghan McCurdy, Esq., Stefan Mentzer, Esq., White & Case LLP, of counsel, and Richard H. Reimer, Esq., American Society of Composers, Authors and Publishers, of counsel, New York, NY, for Defendant, American Society of Composers, Authors and Publishers.

Kenneth L. Steinthal, Esq., Samantha G. Fisherman, Esq., Daniel B. Hodes, Weil, Gotshal & Manges LLP, of counsel, New York, NY, for Applicants, AOL LLC (f/k/a America Online, Inc.), RealNetworks, Inc. and Yahoo! Inc.

OPINION AND ORDER

REDACTED

WILLIAM C. CONNER, Sr., District Judge:

This decision is the culmination of a hearing conducted by this Court in its capacity as the "rate court" pursuant to Section IX of the Second Amended Final Judgment ("AFJ2") entered June 11, 2001 in United States v. American Society of Composers, Authors and Publishers ("ASCAP"), Civ. Action 41-1395(WCC), 2001 WL 1589999 (S.D.N.Y. Jun. 11, 2001), to determine reasonable...

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