07 02 11

Judge in EMI/MP3tunes case peppers both sides with questions

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A verdict in the EMI/MP3tunes lawsuit is not expected for a few months yet, but the oral arguments have now taken place in New York, with the judge asking both sides questions about their legal arguments. MP3tunes boss Michael Robertson has published his summary of what was asked. His take – and naturally, this may be different from EMI’s thoughts – is that the judge is “looking at our case in the light of YouTube which was found to be legal” [in its legal battle with Viacom]. EMI was also asked about songs that it distributes on the internet for free, and whether there are lawful uses for MP3tunes’ Sideload service. Meanwhile, MP3tunes was asked about its takedown processes and DMCA safe harbour status. The judge’s final words: “This is a fascinating case. Decision reserved.” Now comes the wait for a ruling that will have a big impact on cloud music.

Music Ally
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