Thursday, November 13, 2008

MP3 Tunes files counterclaims against EMI for deception under DMCA, deceptive business practices, unfair competition

In Capitol Records v. MP3 Tunes, the defendant has filed an amended answer and counterclaims, which accuses EMI and its affiliates of deception under the Digital Millenium Copyright Act, deceptive business practices, and unfair competition.

Amended answer and counterclaims

Commentary & discussion:

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


Anonymous said...

Are there cases of suits against individual users where the RIAA is claiming copyright infringement on songs that it gives away online in mp3 format for promotions? In this case apparently MP3Tunes found such songs, and I wonder if individual people have encountered the same thing.


raybeckerman said...

Most likely most of the cases involve such files. However, when the RIAA stonewalled discovery on that, beyond saying it was not the record companies' official policy to use p2p file sharing to distribute promotional copies, the Magistrate Judge declined to order them to comply with our outstanding interrogatory on the subject. And I know of no other litigant who has obtained, or even attempted to obtain, discovery on that.