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BROADCAST MUSIC, INC. v. DMX, INC.

No. 08 Civ. 216 (LLS).

726 F.Supp.2d 355 (2010)

BROADCAST MUSIC, INC., Petitioner, v. DMX, INC., Respondent.

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

July 26, 2010.

Attorney(s) appearing for the Case

Hughes Hubbard & Reed LLP, New York, NY, Of Counsel: Michael E. Salzman, James C. Fitzpatrick, Jason C. Benton, Margaret J. Hoag and Marvin L. Bernson, Joseph J. DiMona, Stuart Rosen, New York, NY, for Petitioner.

Weil, Gotshal & Manges LLP, New York, NY, Of Counsel: Robert Bruce Rich, Benjamin E. Marks, Todd D. Larson, for Respondent.

Opinion and Order

LOUIS L. STANTON, District Judge.

Broadcast Music, Inc. ("BMI"), pursuant to article XIV of the BMI Consent Decree,1 petitions for a determination of reasonable fees and terms for an adjustable-fee blanket license ("AFBL") to DMX, Inc., a member of the commercial music services ("CMS") industry, for the time period July 1, 2005 through December 31, 2012. (Tr. at 54). The AFBL will differ from BMI's traditional...

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