flawed in the following two areas: The district court did not adequately support its methodology in determining the number of performances of musical works that each company services provided, specifically with regards to the MUAF The district court did not supply an adequate explanation for the use of a uniform 2.5% royalty rate applied to each company Conclusion and Precedence The Second Circuit affirmed the district court's ruling that downloads are not performances, but it also vacated the district court's assessment of fees. The court thus remanded the case (send it back to the District Court for further action). This decision serves to limit the reach of copyright holders in assessing various fees to content providers. See also Performing rights Copyright infringement References United States copyright case law United States Court of Appeals for the Second Circuit cases 2010 in United States case law ASCAP Yahoo! litigation RealNetworks