EMI vs Michael Robertson and MP3tunes
p2pnet news view Music | RIAA News:- Anyone dealing with the venal corporate music industry [read Vivendi Universal, EMI, Warner Music and Sony BMG] had better have thick skin and a sense of humour, or they’ll go down.
“EMI Loses Case,” and, “I Get To Keep My Minivan,” says Michael Robertson in his blog post on the fact a federal judge in New York has dismissed a copyright-infringement lawsuit filed by EMI against him, MP3.com and Linspire.
But he’s also the founder of MP3tunes and EMI can, “continue to pursue the copyright claims against MP3tunes,” says CNET News, going on:
“The case, filed last November in U.S. District Court for the Southern District of New York, was brought by 14 record companies [read four] and music publishers affiliated with EMI.”
This isn’t, of course the first time Robertson has been up against The Biggies.
Linspire was once called Lindows. Until Microsoft took objection. Ultimately, the commercial O/S based on Debian GNU/Linux and later Ubuntu, was renamed. But only after a long and painful (for Microsoft) legal battle.
Now, “District Judge William Pauley said in dismissing the case that he didn’t have jurisdiction over Robertson in New York,” says CNET.
But, “While I’m naturally thankful that the case against me was dismissed, many other net company CEOs remain personally named in record label lawsuits such as CEOs from Limewire, Usenet, isoHunt and others,” Robertson said, pointing out the record labels, “aren’t naming billionaire CEOs of companies they sue as personal defendants, only small guys they think they can intimidate and overwhelm.
“It’s a real shame that those on the digital forefront are forced into all or nothing situations where every asset they own could be taken from them for technology their company is using.”
EMI, “wants to paint MP3tunes as pirates, but we’re simply giving people control over their own music,” Robertson told p2pnet, adding:
“The industry doesn’t want to acknowledge that consumers have rights with songs they own and that’s what we’re going to have to battle for in court.”
On his blog, “Increasingly, media companies are suing CEOs of companies as individuals,” he says, going on »»»
The Judge dismissed the suit against me, clearing the way for the case against MP3tunes to proceed. I’m anxious to get to the merits of the case. Our position maintains that consumers should have the right to listen to their personal music collections anywhere, just like they can view their photos, email, videos and other digital property from multiple places (all of which require online storage). This is exactly the technology solution we have built at MP3tunes. Your music can be available on your computers, net radios, Tivo, Wii and most recently your mobile phone. (Try a virtual version of Logitech’s fun new Squeezebox Boom radio.)
EMI doesn’t want “your music everywhere” to happen but, as the world moves to the cloud, it’s a technological inevitability. EMI’s leadership states publicly, and with much fanfare, that they are embracing new technology, doing MP3 files and even hiring ex-Google people. But, those new hires sit quietly in their offices, afraid to go against the legal departments wishes (which astonishingly still control strategy for most record labels). In their attempt to stop MP3tunes, EMI is using their massive legal department and deep pockets. They are telling the courts we are pirates. When the court sees through those scare tactics, EMI will probably drown the court in technical arguments to draw attention away from the core issue: it’s your music and you should be able to listen to it anywhere!
Stay tuned.
Michael Robertson - EMI Loses Case – I Get To Keep My Minivan, October 2, 2008
CNET News – Judge: EMI can sue MP3tunes, not Michael Robertson, October 1, 2008
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October 2nd, 2008 at 4:32 pm
Anyone remember NapsterSucks.com? It was a web site back in 1999-2000 or so. Anyway, it was pretty funny because it talked about how Napster sucked, and how Robertson was the greatest. As I recall it even gave him an award for something or other. Anyway, if you looked at the whois, guess who it was registered to. You guessed it, Michael Robertson.
As I recall, there was some discussion on alt.music.napster, but Google doesn’t seem to index that one, so I can’t find a link.
October 3rd, 2008 at 9:59 am
Nope. Dont’ remember that one…. you must be the only one. The rest of us were too busy using Napster to download music.
October 8th, 2008 at 6:28 am
EMI have made some good steps towards undoing their bads.