Whether the courts should apply the ordinary observer test or the two-part extrinsic/intrinsic test when deciding substantial similarity in a copyright infringement case

QUESTIONS PRESENTED In a copyright infringement case, when deciding whether two musical works are substantially similar, should the courts apply the ordinary observer test as is the rule in the Second Circuit, or should the courts apply the two-part extrinsic/intrinsic test as is the rule in the Ninth Circuit? u PARTIES TO PROCEEDING Petitioners: Petitioner Ltd (hereinafter “Johannsongs”) is a California Corporation. Petitioner has no parent corporation and there is no publicly held company owning 10% or more of Petitioner’s stock. Respondents Respondents are: Peermusic Ltd., Universal-Polygram International Publishing, Inc., UMG Recordings, Inc., and Warner Bros. Records Inc. Neither of the named defendants Rolf Lovland nor Brendan Graham have appeared below. Apple, Inc. and Spotify Technology S.A. were dismissed without prejudice pursuant to F.R.Civ.P. 41(a).