The Rate Structure Adopted by the Majority was not proposed during the Proceeding. The Majority Opinion Lacks an Adequate Basis in the Record DISSENTING OPINION OF COPYRIGHT ROYALTY JUDGE DAVID R.Limited Downloads and Interactive Streaming Factors B and C: Fair Income and Returns and Consideration of the Parties' Relative Roles Factor A: Maximizing Availability of Creative Works to the Public The Four Itemized Factors in Section 801(b)(1) Royalty Rates for Non-Revenue Bearing Service Offerings Royalty Rate for Incidental Digital Phonorecord Deliveries Professor Gans's “Shapley-Inspired Approach” Deriving Royalty Rates From Shapley Analyses The Two Subpart A Benchmarking Approaches Rejection of Services' 2012-Based Proposals Eisenach's Ratio of Sound Recordings-to-Musical Works Eisenach's Two Methods for Estimating the Mechanical Rate Direct Licenses Between Parties Potentially Subject to a Section 115 Compulsory License Rejection of the Copyright Owners' Approach Judges' Conclusion Concerning Rate Structure Greater-Of Percent of Revenue/TCC Rate Structure 2012 Settlement as Rate Structure Benchmark Arguments Concerning Elements of the Proposed Rate Structures
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