District Court, S.D. New York April 9, 2003, 01 Civ. 7321(JSR) (Copyright.net Music Publishing LLC v. MP3.com)

MEMORANDUM

RAKOFF, District Judge.

Prior to the settlement of this lawsuit, plaintiffs moved to strike five of defendant’s affirmative defenses, specifically, the defenses of fair use, innocent intent, “express authority, license, or res judica-ta,” advice of counsel, and failure to join indispensable parties.

See

Answer of MP3.com to Third Amended Complaint at 28-30 (Affirmative Defenses II-VI).