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To the United States Court of Appeals for the Ninth Circuit BRIEF AMICI CURIAE OF AUDIBLE MAGIC CORPORATION, DIGIMARC CORPORATION AND GRACENOTE IN SUPPORT OF NEITHER PARTY BRUCE V. SPIVA* TYCKO, ZAVAREEI & SPIVA LLP 2001 L STREET, N.W. SUITE 808 WASHINGTON, D.C. 20036 (202) 973-0900 (tel.) (202) 973-0950 (fax) Counsel for Amici Curiae Additional Counsel On Inside Cover January 24, 2005 * Counsel of Record JEREMY H. STERN COLE, RAYWID & BRAVERMAN, LLP 2381 ROSECRANS.

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