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BMG Music v. Gonzalez
U.S. court case / From Wikipedia, the free encyclopedia
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BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005), was a court decision in which the United States Court of Appeals for the Seventh Circuit ruled that a record company could sue a person who engaged in online sharing of music files for copyright infringement.[1] The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon her contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, a practice known informally as "try before you buy".
Quick Facts BMG Music v. Gonzalez, Court ...
BMG Music v. Gonzalez | |
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Court | United States Court of Appeals for the Seventh Circuit |
Full case name | BMG Music, et al. v. Cecelia Gonzalez |
Decided | December 9, 2005 |
Citation | 430 F.3d 888 |
Case history | |
Prior action | 2005 WL 106592 (N.D. Ill. Jan. 7, 2005 ) (granting summary judgment for plaintiffs) |
Subsequent actions | cert. denied, ___ U.S. ___, 126 S. Ct. 2032, 164 L. Ed. 2d 782 (2006) |
Holding | |
A user of file-sharing software who downloads unauthorized copies of copyrighted songs cannot claim that they were merely "sampling" the works for possible future purchase, and that claim does not qualify for the fair use defense. | |
Court membership | |
Judges sitting | Frank H. Easterbrook, Terence T. Evans, and Ann Claire Williams |
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