Judge Explains MP3.com Ruling Music & MP35/5/2000; 10:22:59 AM "[Judge] Rakoff disagreed with MP3.com's argument that its music service is the "functional equivalent" of storing CDs that had already been purchased. "'In actuality defendant is replaying for the subscribers converted versions of the recordings it copied, without authorization, from plaintiffs' copyrighted CDs,' Rakoff wrote. "The San Diego company had argued that it acted lawfully under the fair-use provisions of copyright laws that allows copying to take place under certain circumstances. However, Rakoff said MP3.com could not meet the standards required to win a fair-use defense."