The Harder They Fall: Kafka 1 DOJ 0

Details to follow, but the BMI rate court judge ruled against the Department of Justice on 100% licensing.  Here’s the important part of the ruling:

Nothing in the Consent Decree gives support to the Division’s views.

That’s what I call the ontological definition of losing.  You know…gloating is so unbecoming but sometimes it’s really hard not to.

Here’s the BMI press release:

NEW YORK – September 16, 2016 — Today, federal Judge Louis Stanton issued an order rejecting the US Department of Justice’s (DOJ) recent interpretation of the BMI consent decree, and concluded that BMI is free to engage in the fractional licensing of musical works.  This decision immediately followed oral arguments heard today from both parties. Judge Stanton’s ruling is now the controlling interpretation of the BMI consent decree, and a copy can be found HERE.
Below is a statement from BMI President & CEO Mike O’Neill on today’s decision:
“As we have said from the very beginning, we believed our consent decree allowed for the decades-long practice of fractional licensing and today we are gratified that Judge Stanton confirmed that belief.  Our mission has always been to protect the interests of our songwriters, composers and publishers, and we feel we have done just that.  Today’s decision is a victory for the entire music community.”
ASCAP CEO Beth Matthews said:
“This is terrific news for all of us in the songwriting community as we continue to work on modernizing the consent decrees to reflect the real world.”
And Mr. Kafka said, no shit.