Saturday, October 04, 2008

Motion to dismiss for lack of personal jurisdiction partially granted, partially denied, in Capitol v. MP3Tunes, LLC

In a case we have not covered before, Capitol Records v. MP3Tunes, the corporate defendant MP3Tunes, and the individual defendant, Michael Robertson, moved to dismiss for lack of jurisdiction, saying the action belonged in California. The Court dismissed as to Mr. Robertson, but denied the motion as to MP3Tunes.

MP3Tunes operates the web sites and

It appears that all of the plaintiffs are affiliates of EMI.

September 29, 2008, Decision, Partly Granting, Partly Denying, Motion to Dismiss

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player


Matt Fitzpatrick said...

Ah, this wild and crazy post-Grokster world. Easier than ever for innovators to get sued for doing nothing other than innovating.

Glad at least one innovator is possibly off the hook. I'd give him a 50-50 chance EMI won't go anywhere near the 9th Circuit with this case.

Anonymous said...

Hello Ray, reading the defendants counter-claim, they show, and in an act of belief I will say it is true, that EMI and its affiliates [i]knowingly[/i] send links to songs that were not in fact in their copyright. Can this come back to hit them, if the court agrees with the Defendants?