grounds that the contract agreements were too ambiguous as to how to calculate royalties for downloads and ringtones. Based on the third party agreements, the court could not definitively conclude if downloads were licenses. Also, neither party was able to establish any prevailing industry custom as to how downloads and ringtones were traditionally calculated. In lieu of conclusive information, the court took into consideration that the agreements gave the Defendants the right to sell recordings, "...in any [or] all forms of media now known and hereinafter developed..." and that Plaintiffs never objected to the lower royalty rate until after the audit, therefore providing insight as to Plaintiffs' original intent. As such, the court ruled that both parties' reasonable expectations for download and ringtone royalties at the time of the agreement was that of a sale. Accordingly, the issue went to trial where a jury, "...returned a verdict in favor of Aftermath, and the district court awarded Aftermath its attorneys’ fees of over $2.4 million." US Court of Appeals for the Ninth Circuit Upon appeal by Plaintiffs to the US Court of Appeals for the Ninth Circuit Decision, "[t]he judgment in favor of defendants was reversed, the district court's order granting attorneys' fees to defendants was vacated, and the case was remanded for further proceedings." In its reversal, the circuit court emphasized its right to review the district court's denial of Plaintiffs' motion for summary judgment, as the district court's "determination of whether an ambiguity exists remains 'a question of law, subject to independent review on appeal.'" Thus it started by reiterating the district court's conclusion that since either the "Records Sold" or the "Masters Licensed" provision could apply to the downloads, that neither the Plaintiffs' nor the Defendant's motions for summary judgment could be granted due to an inherent ambiguity. However, the circuit court pointed out the specific use of the word "notwithstanding," explaining that the provision states "notwithstanding" the "Records Sold" provision, the "Masters Licensed" provision would apply. The circuit court interpreted this to mean that the "Masters Licensed" provision had overarching scope, concluding that no ambiguity existed. A contractual term is not ambiguous just because it is broad. Here, the Masters Licensed provision explicitly applies to (1) masters (2) that are licensed to third parties for the manufacture of records “or for any other uses,” (3) “notwithstanding” the Record Sold provision. This provision is admittedly broad, but it