Another Tortured DMCA Online Safe Harbor Ruling–EMI v. MP3Tunes

19 11 2016

We’re inadvertently “celebrating” Section 512 week at the Technology and Marketing Law Blog, with Monday’s post on the Copyright Office’s kneecapping of designated agents, today’s post on the MP3Tunes ruling, and a forthcoming post on Pond5. In the past, blogging such a confluence of Section 512 developments would be exciting; now, ennui has set in and I find the task mostly arduous. (Indeed, this post has festered for a week because working on it has been joyless). Most new developments continue to erode 512’s protective powers, and the case rulings involve highly technical statutory parsing that gets worse, and more tedious, with each iteration.

Today’s case involves the sad saga of MP3Tunes, a site that allowed searches of MP3 files and enabled users to sideload MP3 files into its database. In 2011, MP3Tunes mostly won the DMCA online safe harbor issues in district court. However, following the Second Circuit’s 2012 Viacom v. YouTube ruling, the district court reconsidered the case, and MP3Tunes’ case fell apart. On appeal to the Second Circuit, MP3Tunes suffers another stinging loss.


Case citation: EMI Christian Music Group, Incorporated v. MP3tunes, LLC, 2016 WL 6211836 (2d Cir. Oct. 25, 2016)

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