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UMG RECS, INC. v. ESCAPE MEDIA, INC.

100152/10, 9099.

107 A.D.3d 51 (2013)

964 N.Y.S.2d 106

2013 NY Slip Op 2702

UMG RECORDINGS, INC., Appellant, v. ESCAPE MEDIA GROUP, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 23, 2013.

Attorney(s) appearing for the Case

Jenner & Block LLP, New York City (Andrew H. Bart, Gianni P. Servodidio, Lindsay W. Bowen and Alison I. Stein of counsel), for appellant.

Rosenberg & Giger P.C., New York City (John J. Rosenberg, Matthew H. Giger and Brett T. Perala of counsel), for respondent.

Pryor Cashman LLP, New York City (Donald S. Zakarin, Frank P. Scibilia and Erich C. Carey of counsel), for amicus curiae.

RENWICK, RICHTER, GISCHE and CLARK, JJ., concur.

OPINION OF THE COURT

MAZZARELLI, J.P.

Defendant Escape Media Group, Inc. developed, owns and operates an Internet-based music streaming service called Grooveshark. Users of Grooveshark can upload audio files (typically songs) to an archive maintained on defendant's computer servers, and other users can search those servers and stream recordings to their own computers or other electronic devices. Defendant has taken some measures to ensure that the Grooveshark...

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