No. 07 Civ. 9931(WHP).

611 F.Supp.2d 342 (2009)

CAPITOL RECORDS, INC. et al., Plaintiffs, v. MP3TUNES, LLC et al., Defendants.

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

March 4, 2009.

Attorney(s) appearing for the Case

Andrew H. Bart, Esq., Jenner & Block LLP, New York, NY, for Plaintiffs.

Gregory P. Gulia, Esq., John Dellaportas, Esq., Duane Morris LLP, New York, NY, for Defendants.


WILLIAM H. PAULEY III, District Judge.

Plaintiffs, fourteen record companies and music publishers (collectively "EMI"), bring this copyright infringement action against Defendant MP3tunes, LLC ("MP3tunes"). Plaintiffs move to dismiss MP3tunes's counterclaims. For the following reasons, Plaintiffs' motion is granted in part and denied in part.


For the purposes of this motion, the Court accepts...

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