Judge says EMI can sue MP3tunes, just not its owner

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A federal judge has dismissed a copyright-infringement claim filed by EMI against Michael Robertson, the founder of MP3tunes, but the company wasn’t so lucky as the judge allowed it to pursue the claims against the company that was filed in last November in the U.S. District Court for the Southern District of New York, from 14 record companies and publishers affiliated with EMI.

MP3tunes allows users to store music in “lockers”, allowing you to play your music from any Web-enabled device – thus allowing you to play music on your smartphone or laptop. EMI, however, is arguing that the company does not have any authorisation to exploit the label’s music this way.

Michael Robertson was the founder of MP3.com. However, he was forced to shut it down after the major record labels went after him in court. What was different about this case was that EMI wanted to sue him personally. MP3.com is now a web property of CBS Interactive, after acquiring CNET Networks.

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