MP3Tunes wins battle against music industry

It is in the United States is not an offence for users of music to a cloud-based to upload and then those same users to stream. That, the court ruled in a case against the cloud-based MP3Tunes.

The lawsuit against MP3Tunes in 2007, was initiated by the record company EMI. MP3Tunes gives users the ability to music files to upload to personal ‘safety deposit boxes’, which they then from any place through internet access. Also offers MP3Tunes the muziekzoekmachine Sideload.com, which allows users to music on the internet directly into their lockers. MP3Tunes is a service of Michael Robertson, who previously behind Linspire and Mp3.com sat.

According to EMI facilitates MP3Tunes infringement and earns the company there are amount of money. The court, however, ruled that MP3tunes under the “safe harbor” provisions of the Digital Millenium Copyright Act. Those passages safeguard sites from copyright claims, provided they are not deliberate copyright infringement and the administrator the material offline in the case of requests to do so from the rightful owner of the copyright.

The record company sent several such takedown notices to MP3Tunes. Such a request must satisfy a number of requirements, such as the specific mention of the material that is infringed, and where on the site to find. The judge ruled that some of the requests of EMI to be vague, because it was requested to all the material where the record company the copyright to delete.

In two cases, all of the requests from EMI to the requirements of the DMCA. The music was of Sideload.com removed, but not from the lockers from MP3Tunes users. Because the music from the search engine in the lockers was placed, remained MP3Tunes music offering which the firm knew that copyright was resting on, says the judge.

The ruling may have consequences for parties such as Google and Amazon, who offer similar services. The legal battle between EMI and MP3Tunes with the judgment of the court is still not completed, so needs to be in a vervolgzaak the amount of damages to be determined. Also, both parties can appeal. EMI seems to be planning to do.


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