According to a transcript of a Jan. 16 hearing before Patel, a portion of which became available Wednesday, the judge said she was going to allow some discovery to go forward on the issue of copyright misuse. Napster had argued that the labels misused their copyright by imposing restrictive terms on licensing their music in violation of antitrust rules.
“I decided there are some significant issues with respect to misuse that defendants ought to be able to pursue, and I’d be first to say that it’s anything but a clear area of the law,” Patel said. “Because the case law is so murky, then at least it justifies some inquiry.”
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