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ARISTA RECORDS, LLC v. LAUNCH MEDIA, INC.

Docket No. 07-2576-cv.

578 F.3d 148 (2009)

ARISTA RECORDS, LLC, formerly known as Arista Records, Inc., Bad Boy Records, BMG Music, doing business as the RCA Record Label and Zomba Recording LLC, formerly known as Zomba Recording Corporation, Plaintiffs-Appellants, Capitol Records, Inc., Virgin Records America, Inc., Sony Music Entertainment, Inc., UMG Recordings Inc., Interscope Records and Motown Records Company L.P., Plaintiffs, v. LAUNCH MEDIA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2009.

Attorney(s) appearing for the Case

Hadrian R. Katz (Sarah M. Brackney, on the brief), Arnold & Porter, LLP, Washington, DC (Robert A. Goodman, on the brief, New York, NY), for Plaintiffs-Appellants.

Michael S. Elkin (Thomas P. Lane, Shari Markowitz Savitt, on the brief), Winston & Strawn LLP, New York, NY, for Defendant-Appellee.

Before: CALABRESI, WESLEY, Circuit Judges, and DRONEY, District Judge.

WESLEY, Circuit Judge:

We are the first federal appellate court called upon to determine whether a webcasting service that provides users with individualized internet radio stations—the content of which can be affected by users' ratings of songs, artists, and albums—is an interactive service within the meaning of 17 U.S.C. § 114(j)(7). If it is an interactive service, the webcasting service would be required...

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