by Mike Masnick
Mon, Jan 5th 2009 2:18pm
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...
If you liked this post, you may also be interested in...
- Tiffany & Co., Defenders Of Intellectual Property, Sued For Copyright Infringement
- Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated Bullshit Buckshot
- Why The DMCA's Notice & Takedown Already Has First Amendment Problems... And RIAA/MPAA Want To Make That Worse
- Yes, I Was Deeked By Two Hoax Kim Davis Stories Today
- Appeals Court Rejects Labels' Collusion Scheme To Try To Force Pandora To Pay Higher Rates