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EMI threatens to sue MP3tunes

30 September 2007 20:04 by Andre "DVDBack23" Yoskowitz | 4 comments

EMI has allegedly sent intimidating letters to MP3tunes, a San Diego based website that allegedly "aggregates 'free' music tracks posted by its users."

The letters threaten lawsuits if MP3tunes fails to take down links to EMI's copyrighted material. Of course, EMI also wants monetary compensation.

"Beyond that, we invite MP3tunes to make a substantive proposal both to redress past infringement of EMI works and to a ensure that there will be no future infringement of EMI works," attorney Steven Fabrizio wrote to MP3tunes' counsel.

As a response to the letters, MP3tunes filed a lawsuit of its own, declaring that its business model is legal. Ira Sacks, the company's counsel, also sent a letter to EMI informing them that they had removed 350 tracks from the site but that the take down notices do not comport with the Digital Millennium Copyright Act.

"Your attempt to place the burden on MP3tunes to determine which of the songs on its web site are infringing by providing (i) a link to the EMI website which provides a 'non-exhaustive further listing of EMI's recording artists' and (ii) a representative list of songs which you demand be disabled, fails to comply with EMI's obligations under the DMCA," Sacks wrote.

While EMI "correctly supplied a representative list of multiple copyrighted works," Sacks added that EMI "must specifically identify the material that is to be removed or access to which is to (be) removed."

MP3tunes and its spin-off Sideload, offer users unlimited storage for their music and direct users to hundreds of thousands of downloads. The company says however that it is not the next Napster and that none of the songs "are physically available on Sideload." We have all heard that argument before, lets see how it holds up in court.

Source:
Wired

Permalink to this article

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Discuss this article!
svtstang (AfterDawn Addict) 30 September 2007 21:23
I got to the part that read Digital Millenium Copyright Act and decided to puke. Im sure it was a great article AR but I just cant take it anymore :/ [ + quote]
chaos_zzz (Junior Member) 1 October 2007 5:14
sue that's all i read lately, Media should realize piracy is international and the places they can charge are few, cuz law it's not the same inn the Us or south america or spain or someother country. the only solutionc is pricecut it they lower their prices their earnings would go all the way up cuz the price will be once for all fair and the world would start buying [ + quote]
emugamer (Member) 1 October 2007 8:03
*Quote:* "Beyond that, we invite MP3tunes to make a substantive proposal............to ensure that there will be no future infringement of EMI works," What the heck kind of statement is that? They want MP3tunes to pay them $$$ to ensure that MP3tunes will not be involved in any future "infringement?" Who is the CEO of EMI? Tony Soprano? May as well have said "pay us so that we don't bother you anymore." [ + quote] This message has been edited since posting. Last time this message was edited on 1 October 2007 8:05
borhan9 (AfterDawn Addict) 2 October 2007 19:08
Back and forth rocking the boat. [ + quote]