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ExtraTorrent.cc > Articles > Judge Refused to Decide Whether Online Music Was Illegal

Judge Refused to Decide Whether Online Music Was Illegal

Judge Refused to Decide Whether Online Music Was Illegal

Added: Wednesday, August 31st, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
William H. Pauley, III, a New York District Court Judge, has handed down the decision saying that the file-sharing service MP3tunes falls under the safe harbor provisions in the Digital Millenium Copyright Act. Therefore, the site was protected from a 4-year-old copyright violation lawsuit launched by a number of record labels, including EMI.

Over a decade ago, MP3.com founder Michael Robertson faced a multimillion dollar lawsuit filed by a number of record labels. After the incident, Robertson decided to sell off the website in question and to launch another one, named MP3tunes.com. The latter was designed to help independent musicians sell their works. 6 years ago, the operators added a storage service that allowed site users to store files in their personal online storage lockers. Meanwhile, tracks uploaded to these lockers could have been played and downloaded via any online device.

After the service grew to over 300,000 users, Robertson went further and launched service named LockerSync, which allowed MP3tunes.com users to auto-upload their local files to the service. The users were also offered the "Webload" feature, which allowed them to transfer tracks from one web address to their locker. At the same time, Robertson created another website – sideload.com, which appeared to be basically a free music search engine tied into Mp3tunes lockers.

Back in 2007, a number of record labels, including EMI, EMGNA, and EEW, sent takedown notices to MP3tunes for about 350 copyrighted tracks that had been both featured on Sideload service and contained in Mp3tunes users' online lockers. Robertson reacted swiftly by removing all links from Sideload.com. However, user content in their lockers remained in place, which became the basis for this lawsuit.

William H. Pauley ruled that it is impossible for Internet users to know for sure which free music is illegal, because there are a lot of legitimate services distributing copyrighted content for free. Although there were no genuine dispute that MP3tunes might claim safe harbor protection for the copyrighted works in question stored on the service, MP3tunes was ruled not to qualify for safe harbor protection for music sideloaded from links mentioned in record labels’ takedown notices. The judge explained that the takedown notices which remained unheeded became contributory copyright violation, while the music sideloaded by the site owner from illegal services was direct infringement. However, all other claims and service users were ruled protected under DMCA.

August 31st,2011

Posted by: 

Date:  Wednesday, August 31st, 2011

Comments (4) (please add your comment »)

posted by Trusted UploaderSite FriendSuperman (2011-09-01 16:56:14)
trialNerror avatarI wonder if any of the artists and composers from the Renaissance times were alive today would sue the ball bag off of anybody that made a duplicate or recreation of their works? Or would they just be grateful and flattered their work was admired and wanted to be shared. I'm guessing it would be the latter of the two. The arts are made by the people for the people. F* the industry for trying to make multi million of dollar annual profits off it and suing people for more millions when a few songs get shared. That's just not right. We people have heard these stories for a long time, but when will we do anything about it? What could we do about it? Would it make any difference and show the record labels a message if EVERYONE IN THE WORLD didn't buy or downloading any music? Same with movies - no rentals or ticket sales for a month or something like that. Seriously, though, what could we the people do to send a message to the corporations?

posted by (2011-09-01 18:54:50)
ic3m4l3 avatarwat a pussy judge

posted by (2011-09-02 17:03:44)
coldybt avatarnot deciding, that's very disappointing, I like it when people actually make decisions. It's not illegal like, not same as physically stealing items for sale. Not bad idea #1 don't think the sheep would be happy though, they would miss out on their day out. ha

posted by ET junkieET loverTurtle (2011-09-03 10:58:20)
fusseltier avatarof course its legal, the judges just do not want to make that official ruling.
just like making cassettes and giving them to friends, etc is legal, so is the same for digital music, but the music companies are going to fight as much as possible to get the very last dollar they can...
its the same crap that happened with cassettes and beta and vhs video tapes, the entertainment industry screamed bloody murder, and in the end it didn't hurt them at all, it actually made them money and spurred new types of businesses.
they are just old dinosaurs and are afraid of changes, even if they are good.
same like democrats and republicans, obama could do the best thing for america, but the republicans would only find fault with everything, even while its proving them wrong to their faces, they would fight it...

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