“Plaintiffs are not likely to succeed on the merits because Defendants’ website markets and sells an entirely different sound recording than that copyrighted by Plaintiffs.”

BlueBeat says it “independently developed [its] own original sounds” that consist of “entirely different sound recording[s]”through a technical process it calls “psycho-acoustic simulation.” BlueBeat even says it obtained copyright registrations on such “new” recordings (which, as the plaintiffs point out, are exactly the same as the original recordings).

Amazing! I wonder if they’re Borges fans.