U.S. v. ASCAP

Civil Action No. 41-1395(WCC).

599 F.Supp.2d 415 (2009)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, et al., Defendants. In the Matter of the Application for the Determination of Reasonable License Fees for Performances via Wireless Transmissions and Internet Transmissions by AT & T Wireless f/k/a Cingular Wireless.

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

January 30, 2009.


Attorney(s) appearing for the Case

Lovells LLP, David Leichtman, Esq., Hillel I. Parness, Esq., Aviva J. Halpern, Esq., Of Counsel, American Society of Composers, Authors and Publishers, Richard H. Reimer, Esq., Of Counsel, New York, NY, for Defendant American Society of Composers, Authors and Publishers.

Kilpatrick Stockton LLP, Joseph Peterson, Esq., Of Counsel, New York, NY, Joseph M. Beck, Esq., James A. Trigg, Esq., W. Andrew Pequignot, Esq., Atlanta, GA, for Applicant AT & T Mobility LLC.

Harris, Wiltshire & Grannis LLP, Mark A. Grannis, Esq., Fernando R. Laguarda, Esq., S. Roberts Carter, Esq., Kelley A. Shields, Esq., Of Counsel, Washington, D.C., for Amicus Curiae, The Digital Media Association and The National Association of Recording Merchandisers.

Hughes Hubbard & Reed LLP, Michael E. Salzman, Esq., Jessica A. Feldman, Esq., Of Counsel, Marvin L. Berenson, Esq., Joseph J. DiMona, Esq., New York, NY, for Amicus Curiae, Broadcast Music, Inc.

Loeb & Loeb, LLP, John C. Beiter, Esq., Of Counsel, Nashville, TN, for Amicus Curiae, SESAC, Inc.


OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge:

In 1941, the United States' civil action against the American Society of Composers, Authors and Publishers ("ASCAP") for alleged violations of the Sherman Antitrust Act was settled by the entry of a consent decree. See United States v. Am. Soc'y of Composers, Authors & Publishers, 1941 U.S. Dist. LEXIS 3944 (S.D.N.Y. Mar. 4...

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