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Capitol Records, Inc. v. MP3Tunes, LLC
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Capitol Records, Inc. v. MP3Tunes, LLC : ウィキペディア英語版
Capitol Records, Inc. v. MP3Tunes, LLC

''Capitol Records, Inc. v. MP3tunes, LLC'' is a 2011 case from the United States District Court for the Southern District of New York concerning copyright infringement and the Digital Millennium Copyright Act (DMCA). In the case, EMI Music Group and fourteen other record companies (including Capitol Records) claimed copyright infringement against MP3tunes, which provides online music storage lockers, and MP3tunes's founder, Michael Robertson. In a decision that has ramifications for the future of online locker services, the court held that MP3tunes qualifies for safe harbor protection under the DMCA. However, the court found MP3tunes to still be liable for contributory copyright infringement in this case due to its failure to remove infringing songs after receiving takedown notices. The court also held that Robertson is liable for songs he personally copied from unauthorized websites.〔 and (【引用サイトリンク】format=PDF )
==Background==
In 2005, Michael Robertson founded MP3tunes, which operates two websites. The first, mp3tunes.com, offers personal online storage lockers for music. Users could upload music to their lockers from their computer hard drives, or from third party websites by providing an URL. The second website, sideload.com, is a search engine that finds and links to free music files on the internet. Sideload.com uses an index of websites known to host free music files, and the index is grown from the third party websites that mp3tunes.com users copy music from. When users find free music using sideload.com, they are given the option to "sideload" those files into their lockers at mp3tunes.com. Robertson and other MP3tunes executives have personal accounts with the website and actively sideload songs into their lockers. Additionally, MP3tunes retrieves and displays album cover art from Amazon.com under a license agreement.〔
In September 2007, MP3tunes received a takedown notice from EMI Music Group that identified 350 infringing songs and unauthorized websites. EMI demanded that in additional to the list items, MP3tunes must "remove all of EMI's copyrighted works, even those not specifically identified."〔 In response to the notice, MP3tunes removed the unauthorized websites from its link index, but did not remove the infringing songs from users' lockers. MP3tunes took no action regarding works not specified in the notice except to ask EMI for further identification, which EMI declined to give. In November 2007, EMI filed suit for copyright infringement against MP3tunes and Robertson.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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