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Ruling: A Download Is Not a Performance
If a music file is downloaded to a computer, and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court of the Southern District of New York in United States v. American Society of Composers, Authors and Publishers ('ASCAP'), Civ. No. 41-1395 (WCC) (April 25). (At press time, the decision was not yet on Westlaw, but a copy is available at www.publicknowledge.org/pdf/aol-v-ascap-order-20070425.pdf.)
Faced with this issue, Connor found that a digital download alone, as distinct from a digital media 'stream,' does not constitute a performance. While this decision seems obvious and has been widely viewed as correct (by everyone other than the American Society of Composers, Authors and Publishers ('ASCAP')) it is not actually as simple as it first seems.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.