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LIVE365, INC. v. COPYRIGHT ROYALTY BOARD

Civil Action No. 09-01662 (RBW).

698 F.Supp.2d 25 (2010)

LIVE365, INC., Plaintiff, v. COPYRIGHT ROYALTY BOARD; James H. Billington, in his official capacity as Librarian of Congress; and James Scott Sledge, Stanley C. Wisniewski, and William J. Roberts, in their official capacities as Judges of the Copyright Royalty Board, Defendants.

United States District Court, District of Columbia.

February 23, 2010.

Attorney(s) appearing for the Case

Adam Shartzer Caldwell, Ronald G. London, Davis Wright Tremaine, LLP, Washington, DC, Kenneth David Freundlich, Freundlich Law, Beverly Hills, CA, for Plaintiff.

Brian G. Kennedy, Lisa Zeidner Marcus, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

This case was initiated by Live365 on August 31, 2009, seeking declaratory and injunctive relief through a facial challenge under the Appointments Clause of the Constitution against the Copyright Royalty Board ("CR Board" or "Board"),1 the judges of the Board in their official capacities, as well as the Librarian of Congress (collectively referred to hereafter sometimes as...

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