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http://sandiegoreader.com/users/photos/2012/may/12/24288/
MP3tunes, the online "music locker service" launched by controversial (and oft-sued) MP3.com founder Michael Robertson, has racked up so many bills over a long-running copyright lawsuit that it says it must file for Chapter 7 bankruptcy.
Just last August, Robertson and MP3tunes claimed victory in the long-running copyright infringement lawsuit filed by record label/music publisher EMI Group Ltd. against him and his company in 2007. The record company accused Robertson and his sideload.com of illegally providing free online access to thousands of songs.
Robertson, founder and former CEO of San Diego's mp3.com, launched his newest digital music venture February 9, 2005. Headquartered in San Diego, mp3tunes.com started off by offering around 300,000 songs from more than 22,000 artists (although most were unsigned or on indie labels). Initial cost was $0.88 per song or $8.88 per album, and the music was said to play on any computer or portable player.
Launched in early ’06, MP3tunes’ sideload.com allowed users to store MP3 files in applications that make them playable with PCs, consoles, DVRs, internet radios, and cell phones. The Sideload features and functions are what caused Robertson and the company to be targeted by EMI.
Said Robertson, “MP3tunes is making it possible for more than 150,000 people to listen to their music everywhere, including some EMI personnel who have personally complimented me on our system.
“In their attempt to stop MP3tunes," said Robertson of the lawsuit, "EMI is using their massive legal department and deep pockets. They are telling the courts we are pirates...it is unfortunate that we are being dragged into court and have to expend time and money on this issue, but someone has to go first. Someone has to blaze a trail defining consumers’ rights with their personal music.”
On August 22, 2011, NYC district judge William H. Pauley, III, ruled that MP3tunes qualifies for a “safe harbor exemption” (referencing provisions in the Digital Millennium Copyright Act) from being sued for infringement, since Robertson’s company actively banned site users from posting links to other websites known to contain or distribute access to illegally pirated music.
Judge Pauley, however, sided with EMI on an issue that left the door open for future litigation, ruling that MP3tunes should have done more to enforce music copyrights, such as deleting any suspected pirated songs from its users’ accounts.
How MP3tunes is supposed to determine WHICH songs may be pirated was not addressed.
"We're disappointed that the court found that MP3tunes was entitled to a safe harbor for some of its conduct under the DMCA,” said EMI in a statement. “EMI believes that companies like MP3tunes, which knowingly build a business based on stolen music, should not be entitled to any DMCA safe harbor defense, and we're evaluating our options to seek review of those portions of the decision."
The portion of the lawsuit directed personally at CEO Robertson had already been dismissed. “This is a significant victory,” says Robertson, “because EMI had sought to take my cars, home, and bank accounts.”
“Personal lawsuits are a gravely serious matter. Increasingly, media companies are suing CEOs of companies as individuals. This intimidation tactic has permeated cases involving Limewire, Multiply, isoHunt, Usenet.com, and others…it’s a short-circuiting of the court system, which is meant to adjudicate disagreements between businesses in this technologically-shifting era.”
MP3tunes was still in hot water, however, over around 350 songs that it neglected to delete after being notified of the music's rightful ownership by EMI and other copyright holders. Each violation can rack up $30,000 in penalties.
It's been suggested that Robertson's best defense against being fined thusly would have been to turn over its website user information so that the actual infringers and bootleggers can be prosecuted, instead of him and MP3tunes.
Meanwhile, the legal bills kept piling up. MP3tunes reportedly earned around $1 million in revenue in 2011, though the initial chapter 7 bankruptcy indicates only around $22,000 so far for 2012, forcing the current Chapter 7 bankruptcy actions.
Much to the apparent displeasure of EMI, judging from a statement quoted today on CNET.
“Now on the eve of trial, and after an ongoing press campaign claiming that MP3tunes would fight to vindicate its ‘right’ to infringe, Mr. Robertson has filed for bankruptcy protection...after four and a half years of Robertson’s bluster and rhetoric, it is apparent to EMI that Robertson has finally realized that his case has no merit.”
EMI indicated that a separate lawsuit against Robertson himself, rather than the company, may again proceed.
Another current MP3tunes feature, Dar.fm, accesses a database of user-generated recordings of radio station programs from across the U.S., allowing subscribers to store the files in the cloud and sync them with multiple devices, akin to how sideload delivered its content. This, too, has attracted a fair share of controversy, as well as speculation as to its litigious potential.
Robertson’s old website MP3.com was sued in 2000 by record labels and music publishers, resulting in a settlement of over $100 million.
His AnywhereCD venture was shut down after being sued by Warner Brothers, and Robertson was sued for trademark infringement by Microsoft/Windows for calling another venture Lindows.
He was forced to rename it Linspire.
http://sandiegoreader.com/users/photos/2012/may/12/24288/
MP3tunes, the online "music locker service" launched by controversial (and oft-sued) MP3.com founder Michael Robertson, has racked up so many bills over a long-running copyright lawsuit that it says it must file for Chapter 7 bankruptcy.
Just last August, Robertson and MP3tunes claimed victory in the long-running copyright infringement lawsuit filed by record label/music publisher EMI Group Ltd. against him and his company in 2007. The record company accused Robertson and his sideload.com of illegally providing free online access to thousands of songs.
Robertson, founder and former CEO of San Diego's mp3.com, launched his newest digital music venture February 9, 2005. Headquartered in San Diego, mp3tunes.com started off by offering around 300,000 songs from more than 22,000 artists (although most were unsigned or on indie labels). Initial cost was $0.88 per song or $8.88 per album, and the music was said to play on any computer or portable player.
Launched in early ’06, MP3tunes’ sideload.com allowed users to store MP3 files in applications that make them playable with PCs, consoles, DVRs, internet radios, and cell phones. The Sideload features and functions are what caused Robertson and the company to be targeted by EMI.
Said Robertson, “MP3tunes is making it possible for more than 150,000 people to listen to their music everywhere, including some EMI personnel who have personally complimented me on our system.
“In their attempt to stop MP3tunes," said Robertson of the lawsuit, "EMI is using their massive legal department and deep pockets. They are telling the courts we are pirates...it is unfortunate that we are being dragged into court and have to expend time and money on this issue, but someone has to go first. Someone has to blaze a trail defining consumers’ rights with their personal music.”
On August 22, 2011, NYC district judge William H. Pauley, III, ruled that MP3tunes qualifies for a “safe harbor exemption” (referencing provisions in the Digital Millennium Copyright Act) from being sued for infringement, since Robertson’s company actively banned site users from posting links to other websites known to contain or distribute access to illegally pirated music.
Judge Pauley, however, sided with EMI on an issue that left the door open for future litigation, ruling that MP3tunes should have done more to enforce music copyrights, such as deleting any suspected pirated songs from its users’ accounts.
How MP3tunes is supposed to determine WHICH songs may be pirated was not addressed.
"We're disappointed that the court found that MP3tunes was entitled to a safe harbor for some of its conduct under the DMCA,” said EMI in a statement. “EMI believes that companies like MP3tunes, which knowingly build a business based on stolen music, should not be entitled to any DMCA safe harbor defense, and we're evaluating our options to seek review of those portions of the decision."
The portion of the lawsuit directed personally at CEO Robertson had already been dismissed. “This is a significant victory,” says Robertson, “because EMI had sought to take my cars, home, and bank accounts.”
“Personal lawsuits are a gravely serious matter. Increasingly, media companies are suing CEOs of companies as individuals. This intimidation tactic has permeated cases involving Limewire, Multiply, isoHunt, Usenet.com, and others…it’s a short-circuiting of the court system, which is meant to adjudicate disagreements between businesses in this technologically-shifting era.”
MP3tunes was still in hot water, however, over around 350 songs that it neglected to delete after being notified of the music's rightful ownership by EMI and other copyright holders. Each violation can rack up $30,000 in penalties.
It's been suggested that Robertson's best defense against being fined thusly would have been to turn over its website user information so that the actual infringers and bootleggers can be prosecuted, instead of him and MP3tunes.
Meanwhile, the legal bills kept piling up. MP3tunes reportedly earned around $1 million in revenue in 2011, though the initial chapter 7 bankruptcy indicates only around $22,000 so far for 2012, forcing the current Chapter 7 bankruptcy actions.
Much to the apparent displeasure of EMI, judging from a statement quoted today on CNET.
“Now on the eve of trial, and after an ongoing press campaign claiming that MP3tunes would fight to vindicate its ‘right’ to infringe, Mr. Robertson has filed for bankruptcy protection...after four and a half years of Robertson’s bluster and rhetoric, it is apparent to EMI that Robertson has finally realized that his case has no merit.”
EMI indicated that a separate lawsuit against Robertson himself, rather than the company, may again proceed.
Another current MP3tunes feature, Dar.fm, accesses a database of user-generated recordings of radio station programs from across the U.S., allowing subscribers to store the files in the cloud and sync them with multiple devices, akin to how sideload delivered its content. This, too, has attracted a fair share of controversy, as well as speculation as to its litigious potential.
Robertson’s old website MP3.com was sued in 2000 by record labels and music publishers, resulting in a settlement of over $100 million.
His AnywhereCD venture was shut down after being sued by Warner Brothers, and Robertson was sued for trademark infringement by Microsoft/Windows for calling another venture Lindows.
He was forced to rename it Linspire.