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ABKCO MUSIC, INC. v. WESTMINSTER MUSIC, LTD.

No. 91 Civ. 2155 (LBS).

838 F.Supp. 153 (1993)

ABKCO MUSIC, INC., Plaintiff, v. WESTMINSTER MUSIC, LTD., Defendant.

United States District Court, S.D. New York.

December 2, 1993.

Attorney(s) appearing for the Case

Pryor, Cashman, Sherman & Flynn, New York City (Donald S. Zakarin, Paige Moore, of counsel), for plaintiff.

Abeles Clark Osterberg and Prager, New York City (Robert C. Osterberg, Stuart Prager, of counsel), for defendant.

OPINION

SAND, District Judge.

By oral opinion delivered November 29, 1993, we denied plaintiff's request for a jury instruction on the law regarding a licensee's exploitation of a publishing license through newly developed technologies that were not in existence at the time the licensing contract was written. We write now to clarify our reasoning on this significant issue, as to which the law in the Second Circuit is unsettled.

The issue arose at...

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