RICO Action Alleging Takeover of Russian Oil Industry, and Intellectual Property Matter - U.S. Second Circuit
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RICO Action Alleging Takeover of Russian Oil Industry, and Intellectual Property Matter

In Norex Petro. Ltd. v. Access Indus., Inc., No. 07-4553, a RICO action alleging injury arising from the activities of an international criminal enterprise, or more specifically, "a massive racketeering scheme to take over a substantial portion of the Russian oil industry," the court affirmed the dismissal of the action where 1) the question of the justiciability of the RICO claims was properly one of whether the complaint adequately stated a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff's claims were barred.

In US v. Am. Soc. of Composers, Authors & Publishers, No. 09-0539, the American Society of Composers, Authors and Publishers' (ASCAP) appeal from the district court's ruling that a download of a digital file containing a musical work did not constitute a public performance of that work, the court affirmed in part where a download of a musical work did not fall within the meaning of the terms "recite," "render," or "play" in the Copyright Act, and thus, did not constitute a public performance of that work.  However, the court vacated in part where 1) the district court did not adequately support the reasonableness of its method for measuring the value of the internet companies' music use; and 2) the district court did not adequately support the reasonableness of the 2.5% royalty rate applied to the value of the internet companies' music use.

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