EMI Attacks Safe-Harbor Ruling In MP3Tunes Copyright Row

By Richard Vanderford (February 14, 2013, 10:21 PM EST) -- EMI record labels on Thursday asked a federal judge to reconsider a ruling that defunct music storage service MP3Tunes LLC was protected by safe harbor laws, arguing that the Second Circuit's decision in the Viacom-YouTube case changes the rules.

A jury should decide whether MP3Tunes planned to willfully steal copyrighted music to grow its business, EMI lawyer Andrew H. Bart of Jenner & Block LLP said at oral arguments before U.S. District Judge William Pauley III in Manhattan.

"Whether or not the business plan of MP3Tunes was to induce infringement is an issue of fact," Bart said.

Judge Pauley found in...

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