Leon P. Gold (LG-1434)
PROSKAUER ROSE LLP
1585 Broadway
New York, New York 10036
(212) 969-3000 Telephone
(2 12) 969-2900 Facsimile
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ZAROLINE RECORDS, INC., EMI
SHRISTIAN MUSIC GROUP, INC.,
`JARADA PRODUCTIONS, INC., NO0 Civil Action No.
rRYBE RECORDS, INC., THE
`OREFRONT COMMUNICATIONS
ZROUP, PRIORITY RECORDS LLC, SONY
XSCOS INC., UMG RECORDINGS, INC.,
3MG MUSIC D/B/A THE RCA RECORDS COMPLAINT FOR CONTRIBUTORY
LABEL MOTOWN RECORD COMPANY, VICARIOUS COPYRIGHT
;.P. , LOUD RECORDS LLC, AND UNFAIR
bIOLLYWOOD RECORDS, Inc., SONY COMPETITION
MUSIC ENTERTAINMENT, INC, CAPITOL
XECORDS, INC., ARISTA RECORDS, INC.,
NTERSCOPE RECORDS, VIRGIN
RECORDS AMERICA, INC., BME MUSIC
D/B/A WINDHAM HILL BMG MUSIC
D/B/A BMG ENTERTAINMENT, BAD BOY
XECORDS, and LAFACE RECORDS,
Plaintiffs,
V.
l0H.N DEEP, ABOVEPEER, INC., and
BUDDY USA, INC,
Defendants.
Plaintiffs aver:
5169/61162-006 NYLIBlA355605 vl 05/24/01 03:14 PM (18065)
SNIPPETS:
New York, New York 10036
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
MUSIC ENTERTAINMENT, INC, CAPITOL XECORDS, INC., ARISTA RECORDS, INC., NTERSCOPE RECORDS,
D/B/A BMG ENTERTAINMENT, BAD BOY
Plaintiffs aver:
infringement and related state law claims arising out of the willful conduct of defendants
With a few additional functions, such as the copying and distribution of movies, images and
Instead of employing such technologies or policies, defendants have chosen to build a
The day before this second scheduled meeting, Buddy USA sent a letter confnming its intent to
On the very next business day, defendants BuddyUSA and AbovePeer filed anticipatory
sent communications to the RIAA solely to delay while they surreptitiously prepared and filed
Defendants' express purpose is to enable and encourage their growing user base -- currently
virtually all of these reproductions and distributions are infringing and in violation of
Each and every day that goes by, Aimster is responsible for facilitating the infringement of
organized and existing under the laws of the State of New York, with its principal place of
Plaintiffs are among the leading manufacturers of such phonorecords in the United States.
money, as well as time, effort, and creative talent, to discover and develop recording
Absent such compensation, profits and motivation are siphoned away from artists and the
Each plaintiff has the exclusive rights, among other things, to reproduce the Copyrighted
The most notorious example to date has been Napster, which is now subject to a federal court
Defendants already have improved the functionality of their system beyond that of Napster by
Thus, once a sound recording has been converted into an unsecured compressed format, it can
|
