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Robertson's effort here is inane. Setting aside the merits of the case, how does EMI's promotional use of its own content establish a defense for MP3Tunes?

Is he claiming that MP3Tunes was basically a promotional use, and somehow shielded from claims of infringement?

None of it makes any sense.

Mark Racko

It really is quite silly, is shows his lack of understanding of copyright law. The copyright holder has the rights to offer their product for any cost or free at any location and not do the same somewhere else. EMI has the right to say Myspace has the streaming rights by MP3tunes does NOT. This is their choice as the owner of the intellectual property.


This is so stupid it shows how this blog doesn't understand basic concepts of the media industry. It's really tiring hearing the same ignorant rants about copyright.

Then to read about tools called "You Lie" just makes it more insulting. If some .com hack doesn't like the record labels, then don't trade their obviously inferior product. Keep in mind that the artists choose to work with these labels.

With so much awesome indie music out there why are you in this rut adopting political tag lines that tell people you have no desire to understand the fundamentals? Build a new reality that plays by your rules and partner with artists that don't mind what you do with their music.

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