Oral argument of EMI's motion to dismiss counterclaims in Capitol Records v. MP3Tunes.com, Inc. took place on January 16, 2009.
EMI argued that since MP3Tunes did not comply with the DMCA notices it contends were improper, it sustained no damages.
The argument started off with the following exchange:
THE COURT: Do you agree that if the plaintiffs distribute music for free on the Internet, your client distributes music for free on the Internet, the fact that those songs are somewhere on MP3tunes Web sites' is not infringement?A copy of the transcript is now available online.
MR. BART: I think it still is infringement.
Oral argument of plaintiffs' motion to dismiss counterclaims, January 16, 2009
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