Nos. 11-57168, 12-55180.

745 F.3d 343 (2013)

ROCK RIVER COMMUNICATIONS, INC., Plaintiff-Appellant, v. UNIVERSAL MUSIC GROUP, INC.; UMG Recordings, Inc.; Universal Music Group, International, Ltd., Defendants-Appellees. Rock River Communications, Inc., Plaintiff-Appellee, v. Universal Music Group, Inc.; UMG Recordings, Inc.; Universal Music Group, International, Ltd., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2013.

Amended January 22, 2014.

Attorney(s) appearing for the Case

Donald Manwell Falk (argued), Mayer Brown, LLP, Palo Alto, CA; Maxwell Blecher and Courtney A. Palko , Blecher & Collins, P.C., Los Angeles, CA, for Plaintiff/Appellant/Cross-Appellee.

Kelly M. Klaus (argued), David C. Dinielli and Benjamin J. Maro , Munger, Tolles & Olson LLP, Los Angeles, CA, for Defendants/Appellees/Cross-Appellants.

Before: HARRY PREGERSON and RAYMOND C. FISHER, Circuit Judges, and WILEY Y. DANIEL, District Judge.


The opinion filed September 18, 2013, and appearing at 730 F.3d 1060, is amended as follows: delete footnote 6.

With this amendment, the panel has voted to deny the petition for panel rehearing. Judge Pregerson has voted to deny the petition for rehearing en banc and Judges Fisher and Daniel recommended denying the petition for rehearing en banc.

The full court has been advised of the petition for rehearing...

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