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Jay Allen Sanford

Jay Allen Sanford is a Reader contributor. See staff page for published articles.

MP3tunes Claims Victory in EMI Suit

Update: "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 is still in hot water 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 could rack up $30,000 in penalties. It's been suggested that Robertson's best defense against being fined thusly is to turn over its website user information so that the actual infringers and bootleggers can be prosecuted, instead of him and MP3tunes. 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.
— August 31, 2011 8:46 p.m.

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