United States Second Circuit

In a copyright infringement action, an order finding that LAUNCHcast, a music webcasting service that provides users with individualized internet radio stations, did not constitute an interactive service under 17 U.S.C. 114(j)(7) is affirmed where: 1) a user could not request a particular song on demand through defendant's service; and 2) defendant's service did not provide a program specially created for the user.

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• WESLEY, Circuit Judge:, Before:  CALABRESI, WESLEY, Circuit Judges, and DRONEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Hadrian R. Katz (Sarah M. Brackney, on the brief), Arnold & Porter, LLP, Washington, DC (Robert A. Goodman, on the brief, New York, NY), for Plaintiffs-Appellants.


• For Appellees:
  
• Michael S. Elkin (Thomas P. Lane, Shari Markowitz Savitt, on the brief), Winston & Strawn LLP, New York, NY, for Defendant-Appellee.