Arista Records, LLC, Bad Boy Records, BMG Music, and Zomba Recording LLC (collectively, “BMG”), appeal from the judgment of the United States District Court for the Southern District of New York (Owen, J.), and from interlocutory orders merged into the judgment, finding that the webcasting – internet radio – service LAUNCHcast provided by Defendant-Appellee Launch Media, Inc. (“Launch”) was not an interactive service within the meaning of 17 U.S.C. § 114(j)(7). We affirm because as a matter of law LAUNCHcast was not an interactive service. It does not provide copyrighted sound recordings on request, nor does it transmit a program specially created for the user within the meaning of § 114(j)(7).
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