EMI has decided to go after Michael Robertson’s (mp3.com/Lindows/ fame) latest venture, mp3tunes. The site, which allows users to create a digital locker to back up their music collections - and then access and stream them from any computer is being accused of ‘eroding legitimate sales of music through both traditional and online channels’. The EMI lawsuit additionally claims that it unlawfully enables, encourages and profits from massive copyright infringement by its users. “Mp3tunes enables and encourages users to stockpile digital music files - overwhelmingly infringing music files - in their Mp3tunes locker”, the suit states.EMI’s lawsuit also complains both about Sideload.com, and additional service offered by MP3tunes. Sideload is an audio search engine. It has links to audio files and shows you where those files are on the net. These files can then be streamed or added to your locker. Sideload does not host any files itself.
According to EMI the majority of songs available from Sideload links are illegal infringing copies and therefore so are the songs in users’ lockers. Despite being told of this Roberston and mp3tunes have done nothing to stop it say EMI. They additionally state that users’ who need to sign up with an email address and password regularly post these details on other sites so that anyone can access their lockers and illegally download song files.
EMI is seeking a preliminary and permanent injunction enjoining mp3tunes and Roberstson from continuing to operate the site, under charges of infringement of EMI’s reproduction rights; infringement of EMI’s public performance rights; Inducement of copyright infringement; contributory copyright infringement; vicarious copyright infringement; common-law copyright infringement of pre-1972 works; and unfair competition as to pre-1972 works.
Robertson had expected the action and filed a suit against the threat of EMI action asking to court - and a jury - to rule mp3tunes legal, and no responsible for any potentially infringing content of its users. Robertson stated that the sites terms and conditions make it abundantly clear that users agree not to upload music that infringes copyright of others, and that whilst mp3tunes can identify songs in a customer’s locker, it has no means of determining the origin of the track.
If informed - through the correct Digital Millennium Copyright Act procedure of infringing material on the site, or linked to from the site, the content is removed, and Roberston states that 350 such songs identified by EMI were immediately removed from the site.
Robertson is no stranger to this kind of case. Back in 2000, he ran Mp3.com. That site offered a myMp3 service which copied and stored a database of close to 80,000 CDs on its own servers, and then allowed customers to listen online to music from the database if they proved they had their own copy of the CD.
A federal judge ruled that MP3.com were guilty of secondary copyright infringement by enabling downloading of unlicensed music, whose copyright was owned by Universal. It cost Mp3.com $100 million. Robertson then sold the company (to Cnet)
I have a locker on mp3tunes. It is great for backing up any stuff than I just buy digitally. Are there people out there that have ‘illegal copies’ of things in their lockers? I’m sure there are, but this suit is yet another example of the industry ‘not getting it’. And as long as they keep not getting it, things are only going to get worse for them.
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