There will be no album delay and no injunction, though Download Card can still proceed with their lawsuit.
UPDATE 1-Judge clears Bon Jovi album for Oct. 8 debut
Fri Oct 4, 7:21 PM ET
LOS ANGELES (Reuters) - A federal judge Friday denied an injunction that would have barred the sale of rock group Bon Jovi's new CD, "Bounce," clearing the way for the widely anticipated album's debut as planned on Oct. 8.
The ruling, made by Judge Charles Haight of U.S. District Court in New York, benefits Bon Jovi's backers at Universal Music Group, the world's No. 1 music company, because parent Vivendi Universal needs all the cash it can get.
Moreover, the injunction concerned a plan that is designed to entice consumers to buy the CD rather than downloading illegal, digital copies. Record labels are battling slumping CD sales that industry watchers link to free digital music available on the Internet.
Haight ruled the plaintiff, New York-based technology company DownloadCard Inc., in its early briefings failed to show a likelihood of success and adequate hardship if the "Bounce" release was pushed back.
Universal Music Group and its Island Def Jam label, which is distributing "Bounce," would see significant cost increases, marketing disruptions and even "commercial embarrassment" by a delayed release, according to the ruling issued Friday.
In a statement, Universal said it was pleased with the ruling.
"DownloadCard's claims are completely without merit and should never have been brought in the first place," Universal said in its statement.
An attorney for DownloadCard said preliminary injunctions in cases like these were "hard to get."
"We remain confident in the merits of the suit and plan to go forward aggressively," said Stephen Kramarsky of law firm Dewey Pegno & Kramarsky LLP in Manhattan.
Indeed, the judge's ruling does not stop the suit from continuing. It merely denies the injunction and allows Universal to release "Bounce" on its originally scheduled day.
The suit's central question involves a promotion called "American XS" that Universal is offering "Bounce" buyers. Under the plan, they receive a personal identification number, or PIN, they can use to register at the Web site (
http://www.bonjovi.com).
Once registered, fans will receive things like notice of concerts, chances to be first to buy tickets and downloadable video of "behind-the-scenes" events -- things fans don't get from a pirated, digital copy.
DownloadCard claims it created an incentive plan like "American XS," and alleges Universal Music was offered the chance to use it with "Bounce" but declined.
Reuters/Variety
Judge rules in favor of Bon Jovi
