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249 This is like the playoffs Also from the August 14 BusinessWeek story.

250 At a California airport on July 5 Most of the details in the account of the early talks were from an author interview with Bronfman.

251 less attractive than the Sun Valley summit terms This was according to Bronfman. Barry declined to address the deterioration in the talks in detail, except for saying that Bronfman stopped returning his calls. Grove declined to be interviewed.

252 “Your biggest problem” Rosen’s recollection.

252 more than $100,000 in stock It was unclear how much Shawn sold overall. By around the end of 1999, he had already sold $125,000 worth, according to internal e-mails. Two of his close friends said the final figure was closer to $500,000.

255 He sent a message to Ian Rogers This was from Rogers.

257 It wasn’t national television Sources for the scene at the awards included Napster employees, a Nullsoft employee, and others in attendance.

258 She countersued Geffen Records et al. v. Courtney Love et al., Los Angeles Superior Court, case number BC 2233364, available at http://www.cappellomccann.com/courtney/courtney__cross.htm. Love settled her case on undisclosed but favorable terms in September 2002.

11: bertelsmann

261 “There’s no question that file-sharing will exist” The quotes from the press conference were from contemporaneous news accounts.

262 Middelhoff was among the most predisposed For more on Middelhoff’s background, see “A New Net Powerhouse?” in the November 13, 2000, BusinessWeek, available at http://www.businessweek.com/2000/00_
46/b3707001.htm, and “Napster Meister,” in the November 13, 2000, Time magazine, available at http://www.time.com/time/magazine/article/
0,9171,1101001113-59778,00.html. Other material is from Bertelsmann’s website.

262 “I just got used to being turned down” Jensen’s deposition and Hilbers’s deposition, both filed as exhibits in Napster’s bankruptcy.

263 “We’re investing in Napster” This account was based on interviews with people familiar with the conversations. For more on the internal dispute, see “Thomas Middelhoff Has a Hunch,” in the June 10, 2001, New York Times Magazine. Middelhoff said that Zelnick and the others eventually came around and supported the Napster investment, then exaggerated their opposition after their dismissal.

263 But he passed along Schmidt’s e-mail was filed as an exhibit in Napster’s bankruptcy.

264 “It is true that this private exchange” Middelhoff’s memo, the consultants’ presentation, and the task force report were all filed as exhibits in Napster’s bankruptcy.

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