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UMG RECORDINGS INC v MP3COM INC 92 FSupp2d 349 SDNY 2000 UMG Recordings is suing MP3com which is a site similar Napster that allows users to download songs when they are logged on to their site The technology known as MP3 permits rapid and efficient conversion of compact disc recordings CDs to computer files easily accessed over the Internet Using this technology defendant MP3com on or around January 12 2000 launched its MyMP3com service which it advertised as permitting subscribers to store customize and listen to the recordings contained on their CDs from any place where they have an internet connection To make good on this offer the defendant purchased tens of thousands of popular CDs in which UMG Recordings held the copyrights and without authorization copied their recordings onto its computer servers to be able to replay the recordings for its subscribers UMG Recordings wants to prove that that MP3com has infringed upon the copyrights of UMG Recordings Defendants infringement of plaintiffs copyrights is clear However their defenses include copyright misuse abandonment unclean hands and estoppel These defenses were rejected The rule of law in this case is obviously whether or not MP3com did infringe upon the copyrights of UMG recording In order to prove their case UMG recordings must prove that they are the owner of a valid federally registered copyright and they must prove that the alleged infringer copied the original elements of the copyrighted work The pertinent facts in this case are as follows Specifically in order to first access such a recording a subscriber to MP3com must either prove that he already owns the CD version of the recording by inserting his copy of the commercial CD into his computer CD-Rom drive for a few seconds or must purchase the CD from one of defendants cooperating online retailers However the subscriber can access via the Internet from a computer anywhere in the world the copy of UMGs recording made
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