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BMG Music v. Gonzalez

United States Court of Appeals for the Seventh Circuit
430 F.3d 888 (2005)


Cecilia Gonzalez (defendant) downloaded copyrighted music from the KaZaA file-sharing network. BMG Music (BMG) (plaintiff) owned the copyrights in the music and sued Gonzalez for infringement. Gonzalez argued that she downloaded music onto her hard drive to sample the music before deciding whether to purchase it. Gonzalez eventually purchased some music. Gonzalez decided not purchase at least 30 of the songs she downloaded, but she did not erase these songs from her hard drive. Gonzalez argued that these activities were fair use. The trial court disagreed with Gonzalez and granted summary judgement for BMG.

Rule of Law


Holding and Reasoning (Easterbrook, J.)

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