Music locker service MP3 Tunes has asked the US District Court for permission to file for summary judgement in its battle with EMI, with a letter outlining the parallels with the recent Viacom vs YouTube case. It claims that MP3tunes promptly removed all links to infringing content when sent takedown requests, and furthermore alleges that only three of the 29 plaintiff labels listed in the action ever sent such DMCA notifications. But it’s the YouTube/Viacom judgement, which went in YouTube’s favour, that’s the cornerstone of MP3tunes’ defence. “As in Viacom, any claims by Plaintiffs that MP3tunes is liable for the technical means in which it stored information fail because the storage flowed from the users’ direction,” says the letter. “The DMCA does not allow copyright owners to determine the technology Internet Service Providers use to store data.”

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