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UNITED STATES v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS

No. CIV.A. 41-1395(WCC).

309 F.Supp.2d 566 (2004)

UNITED STATES of America, Plaintiff, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, et al., Defendants. In the Matter of the Applications of Muzak, LLC, et al. and DMX Music, Inc., et al., Applicants, For the Determination of Reasonable Licensing Fees.

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

March 17, 2004.

Attorney(s) appearing for the Case

White & Case LLP (Carol A. Witschel, Esq., I. Fred Koenigsberg, Esq., Stefan M. Mentzer, Esq., Of Counsel), American Society of Composers, Authors and Publishers (Richard H. Reimer, Esq., Of Counsel), New York City, for Defendant American Society of Composers, Authors and Publishers.

Weil, Gotshal & Manges LLP (R. Bruce Rich, Esq., Michael A. Rona, Esq., Jennifer B. Gutterman, Esq., Of Counsel), New York City, for Applicants Muzak, LLC and DMX Music, Inc.

United States Department of Justice, (Robert P. Faulkner, Esq., Of Counsel), Washington, D.C., for Plaintiff United States of America.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Applicants Muzak, LLC ("Muzak") and DMX Music, Inc. ("DMX") (collectively "applicants") bring this application for construction of certain provisions of the Second Amended Final Judgment (the "AFJ2") between the plaintiff United States and the defendant American Society of Composers, Authors and Publishers ("ASCAP").1 Specifically, applicants seek

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