Our client(DEFENDSTER,INC.) has madea newsoftware program,DEFENDSTER.The program allows a user to capture up to six, 30-second sections of music and then allows the user to splice them togetherend-to-endtocreateanewmusical work.Thesoftware worksonitsown, butitalsohasaspecial module that allows it to integrate with iTunes.For a user to use the product as an integrated feature of iTunes, the user must click a check box and agree that the "User agrees not to utilize DEFENDSTER for any purpose that might constitute copyright infringement."

Carl, a student at U.C. Berkeley, used DEFENDSTER to capture several 30-second blocks of copyrighted(registered)songsfromiTunesandmake a"mix"thathasbecome extremelypopular.David, aD.J.onaPublicCommercialRadioStation,heardthe"mix" andlovedit.Davidknewthe"mix"hadbeen created using the DEFENDSTER software and knew that the underlying works were copyright protected. Over the past 3 months, David has played the "mix" over 500 times during his show and the "mix" has become so popular that Capitol Records (the owner of one of the songs in the "mix") has sent our client a Cease-and-Desist Letter (denoting a legally enforceable order from a court or government agency directing someone to stop engaging in a particular activity.).

Discuss and identify the potential legal liabilities (causes of action and potential damages) and possible defenses associated with:

1. Carl,theU.C.Studentthatcreatedthe"mix";and
2. David,theD.J.fortheCommercialRadioStation;and
3. Ourclient, is themaker,anddistributorofDEFENDSTER.

Pleaseconsider using these:

Literalinfringer;fairuse;license;contributoryinfringer