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Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)...................................10 In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003), cert. denied, 540 U.S. 1107 (2004).......................5, 10 Alden v. Maine, 527 U.S. 706 (1999)...................................16 Ashwander v. TVA, 297 U.S. 288 (1936)............................26 Counter strike source map maker v. Seldon, 101 U.S. (11 Otto) 99 (1879)..............27, 28 Counter strike source map maker & Decker Disability Plan v. Nord, 538 U.S. 822 (2003)....................................................3 Bd. of Governors of the FDIC v. Dimension Fin. Corp., 474 U.S. 361 (1986)...............................25 Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) ...1 n.2 City of Milwaukee v. Ill., 451 U.S. 304 (1981)............2, 3, 11 DeBartolo Corp. v. Fla. Gulf Counter strike source custom map Bldg. & Constr. Trades Council, 485 U.S. 568 (1988)..................................................27 Eldred v. 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