UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK__________________________________________)CAPITOL RECORDS, LLC; CAROLINE ) No. 07 Civ. 9931 (WHP)RECORDS, INC.; EMI CHRISTIAN )MUSIC GROUP INC.; PRIORITY RECORDS )LLC; VIRGIN RECORDS AMERICA, INC.; )BEECHWOOD MUSIC CORP.; )COLGEMS-EMI MUSIC INC.; EMI APRIL )MUSIC INC.; EMI BLACKWOOD MUSIC; )EMI FULL KEEL MUSIC; EMI GOLDEN )TORCH MUSIC CORP.; EMI LONGITUDE )

EMI’S DOCUMENT

MUSIC; EMI VIRGIN MUSIC, INC.; )

REQUESTS

EMI VIRGIN SONGS, INC., ))

Plaintiffs

, ))v. ))MP3TUNES, LLC, ))

Defendant

. )__________________________________________)Pursuant to Federal Rule of Civil Procedure 34, Plaintiffs (collectively “EMI”)serve these Requests for Production of Documents on Defendant MP3tunes, LLC, responses tobe fully made within thirty (30) days of service or upon a date set by the Court. Pursuant toFederal Rule of Civil Procedure 26(e), these Requests are continuing in nature and may requiresupplementation.

DEFINITIONS AND INSTRUCTIONS

“MP3tunes” refers to MP3tunes, LLC, as well as any of MP3tunes, LLC’scorporate affiliates, predecessors, predecessors of corporate affiliates, officers, directors,employees, agents, representatives, servants, counsel, employees, consultants, and personsauthorized to act, acting, or purporting to act on its behalf.2.

“You” and “your” refer to MP3tunes as defined above.

23.

The term “MP3tunes.com” means the website accessible at www.mp3tunes.com,including all content, databases, and software that comprise the site and backend operations, andsupport, enable, and provide its full range of features and functions, including to users andadministrators, and all server hardware on which said content, databases, and software reside.4.

The term “Sideload.com” means the website accessible at www.sideload.com,including all content, databases, and software that comprise the site and backend operations, andsupport, enable, and provide its full range of features and functions, including to users andadministrators, and all server hardware on which said content, databases, and software reside.5.

The term “MP3tunes websites” means MP3tunes.com and Sideload.com.6.

The term “MP3tunes software” means the software made available onMP3tunes.com or Sideload.com, including all versions of LockerSync and all components of theOboe Software Suite.7.

The term “MP3tunes services” includes MP3tunes.com, Sideload.com, theMP3tunes websites, MP3tunes software, as well as any other services provided to users byMP3tunes.8.

The term “Ownership Entities” includes Michael Robertson, the BurchamCommunity Property Trust, Emily Richards, the SKL Trust, David Buzby, the MP3tunes, LLCEmployee ESOP Plan, the Robertson Descendants Irrevocable Trust, Douglas Reese, andLinspire, Inc.9.

“EMI” includes EMI Group, PLC; EMI Group North America, Inc.; EMI GroupNorth America Holdings Inc.; EMI Music North America, LLC; EMI Music North America;EMI Entertainment World, Inc.; Capitol Records, LLC; Caroline Records, Inc.; EMI ChristianMusic Group Inc.; Priority Records LLC; Virgin Records America, Inc.; Beechwood MusicCorp.; Colgems-EMI Music Inc.; EMI April Music Inc.; EMI Blackwood Music; EMI Full KeelMusic; EMI Golden Torch Music Corp.; EMI Longitude Music; EMI Virgin Music, Inc.; EMIVirgin Songs, Inc.; and any entity whose ultimate parent is EMI Group Limited.10.

The present tense shall be construed to include the past tense and the past tenseshall be construed to include the present tense as required by the context to elicit all informationdiscoverable within the broadest scope of these document requests.11.

The term “concerning” means relating to, referring to, describing, evidencing orconstituting.

312.

The terms “all” and “each” shall be construed as all and each.13.

The connectives “and” and “or” shall be construed either disjunctively orconjunctively as necessary to bring within the scope of the discovery request all responses thatmight otherwise be construed to be outside of its scope.14.

The use of the singular form of any word includes the plural and vice versa.15.

“Communication(s)” means the transmittal of information by any means andincludes communication of any kind, whether written, oral, electronic or other.16.

“Documents” includes every writing, recording, or record in any form, whetherhandwritten, printed, typed, taped, or in any other graphic, digital, magnetic, optical, ormechanical form, however produced, reproduced, or recorded, and should be construed to besynonymous in meaning and scope to the usage of this term in Federal Rule of Civil Procedure34(a). The term includes, without limitation, all memoranda, reports, data, correspondence, blogpostings, phone messages, diaries, logs, notes, bills, invoices, checks, receipts, and e-mailmessages, including those within the personal or private possession, custody, or control of MP3tunes, including any officer, director, employee, agent, or individual, as specified in thedefinition of “MP3tunes” above. The term also includes, without limitation, any datacompilations from which information can be obtained, and if necessary, translated into usableform through the use of any machine, device, or equipment, whether or not sent, received, orotherwise transmitted. The term also includes, with limitation, every draft of a document, andany copy that is not identical in each and every respect to the original or another copy.17.

“Server logs” means logs, log files, log reports, or other similar documents that inany matter collect, compile, or analyze data (including usage data) relating to functions orservices performed by any software program that provides network-based services.18.

“User Files” means files that users seek to have stored using MP3tunes’ services.19.

The term “including” shall be construed to mean “including without limitation.”20.

To the extent that any of these requests require you to reveal the identities of users, user street addresses (except for city and state information), user e-mail addresses, or usercredit card information, please replace that user information with an identifier that, whileinsufficient to identify the actual identity of the user, is consistently applied and is sufficient toidentify other instances of that user’s information in other documents produced in response tothis request.