Arista Records, LLC v. Launch Media, Inc., No. 07-2576

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.

Read Arista Records, LLC v. Launch Media, Inc., No. 07-2576

Appellate Information

Argued: March 17, 2009

Decided: August 21, 2009

Judges

Opinion by Judge Wesley

Counsel

For Appellants:

Hadrian R. Katz, Arnold & Porter, LLP, Washington, DC

For Appellee:

Michael S. Elkin, Winston & Strawn LLP, New York, NY