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BMG Music v. Gonzalez
''BMG Music v. Gonzalez'', 430 F.3d 888 (7th Cir. 2005), was a civil case in which the United States Court of Appeals for the Seventh Circuit upheld a lower court's summary judgment that the defendant had committed copyright infringement. The decision is noteworthy for rejecting the defendant's fair use defense, which had rested upon the defendant's contention that she was merely "sampling" songs with the intention of possibly purchasing the downloaded songs in the future, which is known as "Try before you buy".
== Facts ==
Over a period of several weeks, the defendant downloaded a estimated 1,370 copyrighted songs onto her computer using the KaZaA peer-to-peer file-sharing software, without authorization from the holders of the copyrights in the underlying compositions and sound recordings. The defendant owned compact discs containing some fraction of the songs that she downloaded. The parties disagreed on precisely how many of the defendant's downloads represented songs that the defendant already owned on CD, but it was undisputed that the defendant had never owned authorized copies of 30 of the songs she downloaded. The defendant retained at least these 30 songs on her computer's hard drive even after deciding not to purchase them on CD.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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