San Diego – MP3tunes, the digital music online locker
service founded by MP3.com creator Michael Robertson, has asked the federal
court hearing a copyright infringement suit filed by major record label EMI’s
Capitol Records for a summary judgment declaring the service does not violate
copyrights. In the motion filed with the U.S. District Court for the Southern
District of New York, Robertson and MP3tunes argue that the digital locker
service should be legal under the “safe harbor” provisions of the
Digital Millennium Copyright Act, which were cited in YouTube’s legal victory
The motion also argues that the defendants failed to prove that
they owned copyrights on many of the works at issue; “that there was any
copying within the meaning of the Copyright Act; any infringement of any rights
of Plaintiffs; any contributory or vicarious copyright infringement; any
common-law copyright infringement; and the required elements of their ‘unfair
MP3tunes also notes that it responded promptly to all proper requests from EMI and other copyright holders to remove works from its service.
The motion also seeks summary judgment clearing Robertson himself, arguing that the New York court lacks personal jurisdiction over him.