2nd Circ. Maintains Music Files Aren't Performances

Law360, New York (September 28, 2010, 7:15 PM EDT) -- A federal appeals court on Tuesday upheld the concept that a music download does not constitute a public performance, but vacated a district court's assessment of fees for blanket American Society of Composers, Authors and Publishers licenses sought by Internet companies including Yahoo Inc. and RealNetworks Inc.

The downloads at issue are not musical performances contemporaneously perceived by the listener, but simple transfers of electronic files containing digital copies from an online server to a local hard drive, a three-judge panel ruled in the U.S. Court...
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