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EMI Interrogatories of MP3tunes

EMI Interrogatories of MP3tunes

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Published by: concerned-citizen on Oct 29, 2008
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07/28/2010

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 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 INTERROGATORIES
 MUSIC; EMI VIRGIN MUSIC, INC.; )EMI VIRGIN SONGS, INC., ))
 
Plaintiffs
, ))v. ))MP3TUNES, LLC, ))
 Defendant 
. )__________________________________________)Pursuant to Federal Rule of Civil Procedure 33, Plaintiffs (collectively “EMI”)serves and hereby requests that Defendant MP3tunes, LLC answer the following Interrogatoriesseparately and fully under oath or affirmation by the person preparing or providing the responsesthereto, with each Interrogatory repeated in full before each response. The Interrogatories mustbe responded to in accordance with the definitions and instructions below, and responses to beseparately and fully, within thirty (30) days of service. Pursuant to Federal Rule of CivilProcedure 26(e), these Interrogatories are continuing in nature and may require supplementation.
DEFINITIONS AND INSTRUCTIONS
1.
 
“MP3tunes” refers to MP3tunes, LLC, and well as any of MP3tunes, LLC’scorporate affiliates, predecessors, predecessors of corporate affiliates, parent corporations,
 
 2subsidiary corporations, officers, directors, employees, agents, representatives, servants, counsel,employees, consultants, and persons authorized to act, acting, or purporting to act on its behalf.2.
 
“You” and “your” refer to MP3tunes as defined above.3.
 
The term “MP3tunes.com” means the website accessible at www.mp3tunes.com,including all content, databases, and software that comprise the site and support, enable, andprovide its full range of features and functions, including to users and administrators, and allserver 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 support, enable, andprovide its full range of features and functions, including to users and administrators, and allserver hardware on which said content, databases, and software reside.5.
 
The term “MP3tunes software” means the software made available onMP3tunes.com or Sideload.com, including but not limited to all versions of LockerSync and allcomponents of the Oboe Software Suite.6.
 
“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.7.
 
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.8.
 
The term “concerning” means relating to, referring to, describing, evidencing orconstituting.9.
 
The terms “all” and “each” shall be construed as all and each.10.
 
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.11.
 
The use of the singular form of any word includes the plural and vice versa.
 
 312.
 
“Communication(s)” means the transmittal of information by any means andincludes communication of any kind, whether written, oral, electronic or other.13.
 
“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. The term also includes, without limitation, any data compilations from whichinformation can be obtained, and if necessary, translated into usable form through the use of anymachine, device, or equipment, whether or not sent, received, or otherwise transmitted. The termalso includes, with limitation, every draft of a document, and any copy that is not identical ineach and every respect to the original or another copy.14.
 
Each of the following interrogatories is continuing in nature, and EMI herebyrequests that if you obtain any additional responsive information or documents at any later date,you promptly so inform EMI and submit supplemental or amended answers and documents.15.
 
Any interrogatory relating to any communications or meetings with a corporation,partnership, or other business or governmental entity shall include any communications ormeetings with its officers, directors, controlling shareholders, employees, representatives, agents,and attorneys acting on the entity’s behalf.16.
 
If you believe that any of the information requested by the followinginterrogatories calls for assertions of a claim of privilege, answer so much of the interrogatory asis not objected to, and set forth with respect to each specific item of information as to which aclaim of privilege is asserted the nature of the privilege asserted (e.g., attorney-client or work product) and the basis for your claim. For each item of information as to which you claimprivilege, provide a privilege log.17.
 
If you are unable to answer in interrogatory in full or in part, you should answer itto the extent possible, and state an explanation as to why the remainder cannot be answered and astatement as to the nature of the information or knowledge that cannot be furnished. If you knowthe name of an individual or entity possessing any or all of the information sought by the

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