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This section contains the nature of the case and procedural background.

Ticketmaster (P) ran a website that helped them sell tickets to events. There were numerous pages even with terms and conditions. However, the customer need not view the terms and conditions prior to actually ordering any products. P had exclusive arrangements for the tickets it sold, and thus the tickets were not generally available except through P. Tickets (D) operated its site and also provided information by hyperlink to where tickets it could not sell could be purchased. These links actually bypassed the home page of P and took the party right to where the customer could purchase tickets from P. D informed their customers over the fact that they were being transferred to another company. D was alleged to have copied the info from P’s web page and extracted the information and placed that information on their site. D got lazy, and instead of copying the info to its pages it merely hyperlinked the customer to P’s interior event page. P sued D for copyright infringement and breach of contract. D moved to dismiss.

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