Napster

We successfully defended Napster in an alleged mass copyright infringement suit brought by a copyright administrator and some 26 music publishers.  The suit, filed in Nashville, alleged that almost one thousand tracks that Napster had offered for download and/or streaming on its service infringed music compositions in which plaintiffs claimed rights.  Plaintiffs sought more than $220 million in damages.  Early on, we convinced the court to bifurcate the case, so that discovery and motion practice in the first phase focused solely on the plaintiffs’ allegations of ownership and validity of copyright.  After less than three weeks of depositions of plaintiffs’ representatives, which cast serious doubt on the validity of plaintiffs’ alleged copyrights, plaintiffs abandoned their suit.

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