January 28th in New York City, the final showdown over music lockers will take place in EMI v MP3tunes. After a lengthy 3 year battle, all witnesses have been deposed. The only remaining step is oral arguments where both sides hear questions from the Judge.
Supporters have become vocal for both parties. Public Knowledge, EFF and CEA filed a brief for MP3tunes. ASCAP and MPAA filed briefs for EMI. Then Google submitted papers in support of MP3tunes — EMI objected but the Judge allowed it.
At stake is whether a corporation can store digital assets for a consumer for later access. While MP3tunes deals primarily with audio, the principles apply to all media. If MP3tunes is illegal, then Google storing music files in email is also illegal. I expect a ruling in the April-August timeframe.
--MR
