MP3 Tunes - Judge Pounds Final Nail In Damage Coffin

You may recall in MP3Tunes a U.S. District Court judge in New York ruled in August 2011 that online music locker service MP3Tunes and its founder Michael Robertson were liable for copyright infringement for content they uploaded.  Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 5104616 *14 (S.D.N.Y. Oct. 25, 2011).   In March 2014, the jury held MP3Tunes was not entitled to DMCA safe harbor protection for infringing content that was readily identifiable in DMCA take-down notices from the plaintiff but not removed from MP3tunes after notice was received.

The damage phase continues in the MP3Tunes case into 2015.  An original jury award of 48 million was modified by the Judge on September 29, 2014 and on April 14, 2015 the court reduced the judgment to a little more than 23 million and issued the following order finding the owner of MP3Tunes jointly and severally liable because of his knowledge and actions”

AMENDED JUDGMENT: IT IS ORDERED AND ADJUDGED that

1. Judgment is entered in favor of Plaintiffs and against Defendant Michael Robertson in the amount of Twelve Million Two Hundred Forty One Thousand Five Hundred Thirty One Dollars ($12,241,531.00) (the "Robertson Judgment");

2. Judgment is entered in favor of Plaintiffs and against Defendant MP3 tunes, LLC in the amount of Eleven Million Fifty Seven Thousand Thirty One Dollars ($11,057,031.00) (the "MP3tunes Judgment);

3. Of the Robertson Judgment, $1,461,500.00 is entered solely against Defendant Michael Robertson;

4. Of the MP3tunes Judgment against Defendant MP3tunes, LLC, $290,500.00 is entered solely against Defendant MP3tunes LLC;

5. $10,766,531.00 of both the Robertson Judgment and the MP3tunes Judgment is entered jointly and severally against both Defendants; and

6. The foregoing judgments shall bear post-judgment interest, pursuant to 28 U.S.C. § 1961(a), running from October 30, 2014 until satisfaction of this Amended Judgment.

Capitol Records, Inc. v. MP3Tunes, LLC, No. 1:07-cv-09931-WHP-FM, Doc 692 (S.D.N.Y., filed Apr. 14, 2015).

 

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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