MP3tunes has asked the court for permission to file for Summary Judgment in our three year battle with EMI over the legality of personal cloud music lockers and Sideload.com music search engine.
Our defense largely centers around the DMCA — the same law YouTube used to win their lawsuit against Viacom. The Judge in the YouTube case held that the DMCA's safe harbor applies because Viacom failed to notify YouTube of specific acts of infringement. He held that 'storage at the direction of the user' must be interpreted broadly.
The undisputed facts: MP3tunes promptly disabled access to all identified infringing links upon receiving notices. 26 of 29 plaintiffs never even bothered to send MP3tunes a DMCA notification. The DMCA was enacted specifically to prevent situations like this, to ensure 'the efficiency of the Internet will continue to improve.'
--MR
