Second Circuit Rejects Challenge to EMI DMCA Victory
In a decision issued on December 13, 2016, the U.S. Court of Appeals for the Second Circuit rejected a petition from MP3Tunes, LLC founder Michael Robertson to reconsider a case in which the Court reinstated a $42 million verdict in favor of Pryor Cashman client EMI Music Publishing.
The dispute between Robertson, EMI, and numerous music companies dates back to 2007 and centers around MP3’s – now defunct – service, which allowed users to store online music in “lockers” and distribute the files to others; a practice which EMI alleged, and the court agreed, violated the Digital Millennium Copyright Act (“DMCA”).
Following the Second Circuit’s October 2016 decision, Robertson unsuccessfully argued that a finding for EMI and the music companies would effectively “eviscerate” the DMCA’s safe harbor provision – which limits a service provider’s liability for infringing conduct engaged in by third parties using an Internet service – and urged the Court to rehear the case.
The Second Circuit declined, reinforcing its decision to uphold the multimillion verdict in EMI’s favor, as well as its determination that “all it takes to be a ‘repeat infringer’ is to repeatedly upload or download copyrighted material for personal use.”
The full October 2016 decision can be viewed here.
This lawsuit drew considerable attention from media outlets including Law360, The Am Law Litigation Daily and Reuters, among others. The case is EMI Christian Music Group, Inc. v. MP3tunes, LLC, No. 14-4369 (2d Cir. 2016).
The Pryor Cashman Team
EMI Music Publishing was represented by Partner Frank Scibilia, Co-Chair of Pryor Cashman’s Digital Media Practice Group, Partner Mona Simonian and Associate Ross Bagley, all members of the firm’s Litigation, Intellectual Property, and Media & Entertainment Groups.
