UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ELEKTRA ENTERTAINMENT GROUP INC., a Delaware
corporation; UMG RECORDINGS, INC., a Delaware
corporation; and VIRGIN RECORDS AMERICA, INC., a
California corporation,
Case No. 05CV7340(RJS)
Plaintiffs,
-against-
DENISE BARKER,
Defendant.
-------------------------------------------------------------------------x ANSWER
Defendant, for her answer to the amended complaint, by her attorneys, RAY
BECKERMAN, P.C., alleges:
1. Denies knowledge or information sufficient to form a belief as to the allegations
of paragraphs 4, 5, 6, 7, 10, and 13.
2. Denies paragraph 11, except admits that “Among the exclusive rights granted [to
owners of sound recording copyrights]... under the Copyright Act are the exclusive right to
reproduce” copyrighted recordings subject to fair use and other defenses, and the exclusive right
“to distribute copies or phonorecords of the copyrighted work to the public by sale or other
transfer of ownership, or by rental, lease, or lending”.
3. Denies the allegations of paragraph 12, except admits that (a) defendant, without
the express permission or consent of plaintiffs, as of November 12, 2004, was a user of the Kazaa
peer-to-peer file sharing network, using the Kazaa application, for her personal use, and on or
before November 12, 2004, downloaded some of the Copyrighted Recordings to her computer, (b)
the number of recordings in which, upon information and belief, plaintiffs collectively owned
sound recording copyrights, and which were downloaded by defendant through Kazaa, equals or
-1-
Case 1:05-cv-07340-RJS Document 64 Filed 07/28/2008 Page 1 of 5
exceeds the eight (8) songs set forth in exhibit A to the complaint, and (c) the downloaded
recordings were resident on defendant's computer on November 12, 2004, and available to a
limited number of other Kazaa members.
4. Denies the allegations of paragraph 13, except admits that other copies of
plai