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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
michael robertson

Companies:
emi, mp3tunes



EMI Back To Trying To Personally Bankrupt Michael Robertson

from the despicable dept

It's one thing to try to influence politicians and laws to protect an incredibly obsolete business model. It's another thing to try to shut down innovative companies who are better serving the market than you can. But it's in an entirely different class of evil to go after individuals personally for the actions of companies, in an attempt to bankrupt them. Stand up and take a bow, EMI, for not just doing the latter, but then paying a witness, getting her to change her deposition and get a lawsuit reinstated against an individual after the judge had already tossed it out. EMI has leapfrogged to the front of the line for the most despicable record labels out there. No wonder their artists are jumping ship as fast as possible.

You may recall that EMI not only sued Michael Robertson's most recent company, MP3Tunes, but also sued Robertson personally, which is an intimidation technique that creates tremendous chilling effects for any executive or founder of any company. We thought it was good news a year ago, when the court dismissed the part against Robertson directly. The whole lawsuit seems crazy anyway. MP3Tunes isn't set up for infringement -- it just sets up a way for you to store your own songs online in a music locker for your own personal access. So the whole lawsuit is questionable anyway, but seems to be part of EMI's greater strategy of suing every innovative music startup.

However, a new ruling has apparently put Robertson personally back in the firing line, after MP3Tunes' former president gave a new deposition (after she was fired, and well after her original deposition). The new testimony apparently convinced the judge to reinstate the personal lawsuit against Robertson, though the judge doesn't seem to discount the fact that Emily Richards had been fired by Robertson (so her new testimony should be suspect already) and the rather interesting fact that EMI paid Richards $10,000. That combination of facts should raise plenty of credibility questions, but apparently did not.

So, once again, we're left with an incredibly chilling situation, where execs of companies are being sued personally -- exactly what the entire corporate structure is designed to prevent. So, congrats, EMI, for reaching a new low in misguided copyright-related lawsuits.

53 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
crowdsourcing, lies, michael robertson, mp3s

Companies:
emi, mp3tunes



Michael Robertson Wants To Crowdsource Proof Of EMI's Lies: You Lie EMI Bookmarklet Available

from the have-fun-with-it dept

EMI has been involved in a lawsuit with MP3Tunes for a while now. The whole lawsuit seems weird, since MP3Tunes is about creating a storage locker for the songs you already have. But one of the points that MP3Tunes made in response to EMI's claims is that EMI was lying in saying that it has never authorized MP3s to be available online. Yet, MP3Tunes had found plenty of promotional tracks that EMI had clearly put online, and it was wondering why others were allowed to link to them, but EMI claimed it was infringement for MP3Tunes to point to those same songs. In presenting this point in court, MP3Tunes has been looking for more evidence of authorized EMI mp3s, and Michael Robertson has announced the "You Lie EMI" bookmarklet (found via Hypebot), that lets anyone help MP3Tunes find more authorized EMI mp3s. Basically, as you surf around, if you come across authorized songs that are available, you can click the bookmarklet, and it checks to see if the artists is an EMI artist, and then lets you submit the details. Whatever happens with the lawsuit itself, it's cool to see someone crowdsourcing data for their defense.

6 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
copyright, music

Companies:
emi, mp3tunes



MP3Tunes Points Out EMI's Own Actions Contradict Its Lawsuit

from the authorized,-not-authorized dept

EMI's lawsuit against Michael Robertson's MP3Tunes has never made much sense. MP3Tunes isn't distributing any MP3s. It just lets you upload and store your own music, or, if the songs are publicly available elsewhere, to access those tunes. EMI threatened MP3Tunes if it didn't remove all EMI music, and then eventually sued. Yet, in MP3Tunes defense, it's pointing out that EMI, itself, has flooded the internet with its own free MP3s, thereby authorizing others to link to those tunes (exactly what MP3Tunes was doing). So, the argument goes, how is it okay for EMI to authorize the MP3s for everyone to link to except MP3Tunes? Given cases in the past that deal with the legality of deep linking, this seems like it could be a pretty strong argument...

3 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
ceo liability, liability, michael robertson

Companies:
emi, mp3tunes



This Is The New EMI? Trying To Personally Bankrupt CEOs Of Companies It Doesn't Like?

from the how-nice-of-them dept

Last year, a private equity firm took over the major record label EMI and announced that things were going to be different. It wasn't going to be anti-fan. It was going to look on the success stories of Radiohead and Nine Inch Nails not as a threat, but as an opportunity. It even threatened to leave the RIAA and the IFPI unless it pulled back on suing fans. It then went out and hired internet savvy executives who would (hopefully) contribute a different perspective to the running of a major record label.

But, in the midst of all of this, it hasn't really backed down from a variety of ridiculous lawsuits. For example, it's been a part of a lawsuit against an ISP that refuses to spy on its users and cut off those who do unauthorized file sharing. We also noted last year that it had sued Michael Robertson's startup, MP3Tunes. Now we tend to have a lot of fun accusing Robertson of having the same marketing strategy with every company he starts: piss off some established company, get sued. It seems to happen with pretty much every company he starts from MP3.com to Lindows/Linspire to SIPphone. So it really wasn't a huge surprise to see MP3Tunes sued -- though, it's difficult to see how a personal music storage locker that doesn't allow sharing could possibly be infringing.

However, now it appears that the "new" more "friendly" EMI isn't just suing MP3Tunes. According to Boing Boing and Michael Robertson, it's trying to extend the lawsuit to go after Robertson personally, saying that he should be personally liable. As you probably know, one of the purposes of a corporate structure is to limit the liability of the executives of a company. To go after Robertson personally makes very little sense unless the idea is to intimidate. Many executives will quickly settle in such circumstances so as to not open themselves up to such a huge liability. On top of that, the chilling effects are tremendous. Others won't even think of starting innovative services, for fear of being personally liable in a lawsuit.

Unless EMI pulls back its lawyers, I think we can safely conclude that the "new" EMI hasn't really changed much from the old EMI.

12 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
lawsuits, michael robertson

Companies:
mp3tunes



Phew. Michael Robertson Finally Gets Sued

from the beginning-to-get-worried dept

For a little while there, we actually thought that Michael Robertson might have lost his touch. The serial entrepreneur had pretty near perfected his strategy for building startups: come up with a controversial business plan that totally undermines the business models of incumbents and then make sure you get sued for doing so, using that lawsuit as a publicity builder. He did it originally with MP3.com and then followed that up with Lindows (which eventually had to change its name to Linspire). Next up was SIPphone, but that one was so late to the game that it had to sue Vonage since no one was suing it. Nearly three years ago when Robertson started another music startup, MP3Tunes, we were sure that he would quickly get sued. In fact, it seemed even more likely when he hired Hollywood's most hated hacker, DVD Jon. Yet, for some reason, the two could not come up with a plan to get sued, causing DVD Jon to move on.

After waiting so long, Robertson again tried to stir things up himself. Back in September he sued record label EMI for takedown notices the company had sent over MP3tunes' sideload.com, and the strategy finally paid off. EMI has returned the favor and is now suing MP3Tunes for for copyright infringement. Robertson, of course, can barely withhold his glee: "These guys rush off to court and tell the court that I am terrible and then they end up buying my company," which is indeed what happened with MP3.com... though, in this case, we'd hardly say that the labels "rushed" off to court. It looks like they had to be coaxed a bit. He also makes the following important point: "It is really a shame because instead of using these technologies to improve their business they make an enemy of every technology company out there." It sure took a while, but congratulations on finally getting the lawsuit.

8 Comments | Leave a Comment..

 
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