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Posted by on Jul 11, 2012 in Internet |

Universal crushes Court argument in lawsuit against Grooveshark

Universal crushes Court argument in lawsuit against Grooveshark

(Cc) Max and Miliano

For two years he has developed a lawsuit against Music music site, Grooveshark. The case has taken several turns, but yesterday a Court settled one of the main arguments of the seal against the site.

claims that operates in the same manner as, for example, YouTube. Users are rising content, and when it receives an order to remove something – according to the Digital Millenium Copyright Act (DMCA) in the U.S. – it is withdrawn.

Universal came out with a strange argument to try to validate their complaints against Grooveshark, claiming that the discs recorded before 1972 are not covered by the DMCA, so accommodate them to the Internet without permission would be a crime. There is a big mess in the U.S. with music recorded before 1972 because those records are not technically within the federal copyright law of the country, but depend on the laws of each state, which are not uniform and give them different levels of protection.

According to Universal, this meant that the DMCA did not apply to this music, and the system to remove the material used by websites was invalid. Thus, Grooveshark could not rely on this system to avoid lawsuits.

The Court, however, disagreed. “There is no textual reason or other to believe that Congress intended to limit the distribution of responsibilities only to recordings made after 1972,” said Judge Barbara R. Kapnick.

In conclusion, the provisions described in the DMCA does not apply to music recorded before 1972, and Universal’s argument is invalid.

But this does not end here. Grooveshark responded to the demand of 2010 with a series of counter-arguments. One of the principal says that Universal tried to pressure two companies (HP and INgrooves) to avoid doing business with Grooveshark. Universal delivered a series of technical arguments to ask that ignore these claims, but the Court did not accept most of them.

Universal was able to dismiss one of the counter-arguments, but lost out in general terms that the court then held that Grooveshark it can rely on the DMCA.

Link: Judge rejects key argument in Universal Music Legal Fight Against Grooveshark (Techdirt)

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