Jury Hits Michael Robertson With Estimated $41 Million Infringement Bill Over MP3Tunes
from the excessive? dept
Following last week’s decision by a jury that Michael Robertson could be held personally liable for songs that he “sideloaded” into his MP3Tunes music locker via the site’s Sideload.com feature, the jury has now issued a verdict so complicated that no one is quite sure how much Robertson is being ordered to pay, but it’s believed to be in the range of $41 million. The verdict seems questionable on a variety of levels, not the least of which is that MP3Tunes apparently had, and followed, a clear DMCA takedown policy (which an earlier court ruling had found to be sufficient). Where this case became more complicated was over the question of whether or not the company had “red flag knowledge” of infringement and whether Robertson himself was liable, in that he’d “sideloaded” certain songs that he’d found publicly available elsewhere online into his music locker. The details of the apparently very complex ruling will be important, but anyone who runs a cloud computing service might want to pay attention to this case, as it’s going to be a rather important one as it moves through the appeals process.