Capitol Records, Inc. et al v. MP3TUNES, LLC et al
Filing 267
MEMORANDUM & ORDER granting in part and denying in part 183 Motion for Summary Judgment, filed by MP3TUNES, LLC, Michael Robertson; granting in part and denying in part 186 Motion for Summary Judgment, filed by EMI: For the reasons set forth with in, EMI's motion for summary judgment on its claim of contributory copyright infringement against MP3tunes and Robertson for songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers is granted. EMI's m otion for summary judgment on its claim of direct infringement against Robertson for the songs he personally sideloaded from unauthorized sites is granted. EMI's motion for summary judgment is denied in all other respects. MP3tunes and Robertson 's motion for summary judgment on its defense under the DMCA safe harbors is granted except with respect to songs noticed in EMGNA's and EEW's takedown notices and not removed from user lockers. MP3tunes and Robertson's motion for summary judgment is denied in all other respects. (Signed by Judge William H. Pauley, III on 8/22/2011) (ab)
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