US industry body the RIAA is continuing its action against digital-mixtapes site Spinrilla, claiming that the site should not be eligible for DMCA safe-harbour protection.

In a new court filing, the body claims that Spinrilla has not registered a ‘designated agent’ with the US Copyright Office, in order to field infringement notifications from rightsholders. Nor has it adopted and promoted a policy for terminating the accounts of repeat infringers on its service.

“Although the failure to meet either requirement would foreclose Defendants’ claim to the safe harbour, Defendants have failed to meet both,” claimed the RIAA’s filing, which was published on TorrentFreak.

“Accordingly, Defendants are ineligible for the DMCA’s safe harbor as a matter of law, and Plaintiffs are entitled to summary judgment on Defendants’ DMCA affirmative defence.”

The RIAA filed its lawsuit against Spinrilla in February this year on behalf of major labels, claiming to have identified more than 21k copyrighted sound recordings available through mixes on Spinrilla.

The site claimed in return that it had taken labels up on their suggestion that it use Audible Magic’s tech to filter out copyrighted music; while also suggesting that the labels had often been keen to get their music featured on the site. The legal process continues.

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