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•Capitol Records, Inc. v. MP3tunes, LLC

Capitol Records, Inc. v. MP3tunes, LLC, USDC S.D. New York, August 22, 2011

•In a copyright infringement action, defendant MP3tunes, which provides a service that allows users to search the internet for free song files and a service that allows the online personal storage of such song files, was determined to qualify for DMCA safe harbor protection except with respect to certain specific songs identified in DMCA takedown notices and not removed from user lockers.

MP3tunes LLC owns and operates MP3tunes.com which, among other services, provides a storage service that allows users to upload music files to personal online storage lockers and play and download the uploaded songs. MP3tunes also owns and operates Sideload.com, which allows users to search for free song files on the internet; if the user has an MP3tunes locker, Sideload.com will download the song from a third-party website and save it to the user’s MP3tunes locker. MP3tunes also has a service that syncs cover art with the user’s music file. MP3tunes has a license from Amazon.com to use its cover art for the principal purpose of driving traffic to Amazon.com.

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