Emi Interrogatories Of Mp3tunes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK __________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) MP3TUNES, LLC, ) ) Defendant. ) __________________________________________) CAPITOL RECORDS, LLC; CAROLINE 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 MUSIC; EMI VIRGIN MUSIC, INC.; EMI VIRGIN SONGS, INC.,

No. 07 Civ. 9931 (WHP)

EMI’S INTERROGATORIES

Pursuant to Federal Rule of Civil Procedure 33, Plaintiffs (collectively “EMI”) serves and hereby requests that Defendant MP3tunes, LLC answer the following Interrogatories separately and fully under oath or affirmation by the person preparing or providing the responses thereto, with each Interrogatory repeated in full before each response. The Interrogatories must be responded to in accordance with the definitions and instructions below, and responses to be separately and fully, within thirty (30) days of service. Pursuant to Federal Rule of Civil Procedure 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’s

corporate affiliates, predecessors, predecessors of corporate affiliates, parent corporations,

subsidiary 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, and provide its full range of features and functions, including to users and administrators, 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 support, enable, and provide its full range of features and functions, including to users and administrators, and all server hardware on which said content, databases, and software reside. 5.

The term “MP3tunes software” means the software made available on

MP3tunes.com or Sideload.com, including but not limited to all versions of LockerSync and all components of the Oboe Software Suite. 6.

“EMI” includes EMI Group, PLC; EMI Group North America, Inc.; EMI Group

North America Holdings Inc.; EMI Music North America, LLC; EMI Music North America; EMI Entertainment World, Inc.; Capitol Records, LLC; Caroline 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 Music; EMI Virgin Music, Inc.; EMI Virgin 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 tense

shall be construed to include the present tense as required by the context to elicit all information discoverable within the broadest scope of these document requests. 8.

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

constituting. 9.

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

10.

The connectives “and” and “or” shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request all responses that might 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.

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12.

“Communication(s)” means the transmittal of information by any means and

includes communication of any kind, whether written, oral, electronic or other. 13.

“Documents” includes every writing, recording, or record in any form, whether

handwritten, printed, typed, taped, or in any other graphic, digital, magnetic, optical, or mechanical form, however produced, reproduced, or recorded, and should be construed to be synonymous in meaning and scope to the usage of this term in Federal Rule of Civil Procedure 34(a). The term includes, without limitation, all memoranda, reports, data, correspondence, blog postings, phone messages, diaries, logs, notes, bills, invoices, checks, receipts, and e-mail messages, including those within the personal or private possession, custody, or control of MP3tunes. The term also includes, without limitation, any data compilations from which information can be obtained, and if necessary, translated into usable form through the use of any machine, device, or equipment, whether or not sent, received, or otherwise transmitted. The term also includes, with limitation, every draft of a document, and any copy that is not identical in each and every respect to the original or another copy. 14.

Each of the following interrogatories is continuing in nature, and EMI hereby

requests 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 or meetings 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 following

interrogatories calls for assertions of a claim of privilege, answer so much of the interrogatory as is not objected to, and set forth with respect to each specific item of information as to which a claim 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 claim privilege, provide a privilege log. 17.

If you are unable to answer in interrogatory in full or in part, you should answer it

to the extent possible, and state an explanation as to why the remainder cannot be answered and a statement as to the nature of the information or knowledge that cannot be furnished. If you know the name of an individual or entity possessing any or all of the information sought by the

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interrogatory that you cannot furnish, disclose the name and address of such individual or entity and the nature of the information possessed by such individual or entity. 18.

Whenever you are instructed to identify a specific individual, please indicate: (a)

the person’s full name, (b) present or last known address, and (c) when referring to a natural person, additionally, the present or last known place of employment. 19.

If any of the documents requested has been lost or destroyed: (a) provide a written

statement, in lieu of each such lost or destroyed document, identifying each document as described above, and in addition specify the date on which the document was lost or destroyed, the reasons for loss or destruction, and the individuals with knowledge of such loss or destruction; and (b) provide any documents existing at the time of such loss or destruction setting forth or reflecting any policy or procedure then in effect for destruction or retention of documents. 20.

You are required to provide separate responses to all of the following

interrogatories. INTERROGATORIES 1.

Provide the full name and address of all individuals or entities with which

MP3tunes has entered into contracts or other beneficial arrangements related to MP3tunes.com, Sideload.com, or MP3tunes software, including any paid consultants. 2.

Provide the full name and address of all individuals or entities with which

MP3tunes has communicated regarding equity or debt financing for MP3tunes, specifying whether each such person or entity ever provided financing, the amount of the investment or loan, and the date(s) received. 3.

Provide the full name of any individual who has written any portion of MP3tunes’

source code, including, for those individuals who are not currently MP3tunes employees, the individual’s most recent known contact information. 4.

Provide the full name and last known contact information of any present or past

employee of MP3tunes, along with the dates of employment and the employee’s title or short description of the employee’s responsibilities. 5.

Provide the full name and last known contact information of any present or past

consultant, independent contractor, or employee of Linspire who performed any service relating to MP3tunes websites, servers, or software, along with the dates of employment and the

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employee's, consultant's, or independent contractor's title or short description of the nature of the services performed. 6.

Provide all usernames and user identification numbers associated with MP3tunes

accounts, lockers or forum postings that were opened, used by, or posted by Michael Robertson, Emily Richards, or Doug Reese. Dated: October 27, 2008 Respectfully submitted, JENNER & BLOCK LLP

)Q/V>

By:_ Andrew H. Bart

ANDREW H. BART (Bar No. AB-6724) JENNER & BLOCK LLP 919 Third Avenue, 37th Floor New York, NY 10022 Telephone: (212) 891-1600 Facsimile: (212)891-1699 STEVEN B. FABRIZIO (Bar No. SF-8639) BRIAN HAUCK (pro hac vice) JENNER & BLOCK LLP 601 Thirteenth St., NW Suite 1200S Washington, DC 20005 Telephone: (202) 639-6000 Facsimile: (202) 639-6066 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE I hereby certify that on October 27, 2008,1 served the foregoing document on the following individuals by electronic and facsimile: Edward M. Cramp DUANE MORRIS LLP 101 West Broadway, Suite 900 San Diego, CA 92101 Gregory P. Gulia DUANE MORRIS LLP 1540 Broadway New York, NY 10036 /•a-

Brian Hauck