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By ALM Staff | Law Journal Newsletters |
January 03, 2006

No Fair Use in File-Sharing Suit

In BMG Music v. Gonzales, No. 05-1314 (7th Cir., Dec. 9, 2005), the Seventh Circuit affirmed an Illinois District Court's finding of summary judgment in a copyright infringement action (based on file-sharing) decided under the illustrative rubric of MGM Studios, Inc. v. Grokster, Ltd., 162 L. Ed. 2d 781, 125 S. Ct. 2764 (2005).

In Gonzales, appellee copyright proprietors filed a copyright infringement action against appellant computer user, alleging that the user had infringed upon their copyrights when she downloaded copyrighted music from the Internet using the KaZaA file-sharing program. The user appealed after the United States District Court for the Northern District of Illinois, Eastern Division, granted summary judgment to the proprietors as to their infringement claims.

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