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Repeat Infringers Can Be Mere Downloaders, Court Rules

A 10-year-old copyright case has prompted an interesting opinion from a US appeals court. In determining the nature of a “repeat infringer” (which service providers must terminate to retain safe harbor), the court found these could be people who simply download infringing content for personal use. The case was filed by recording labels EMI and Capitol against the since long defunct music service MP3Tunes nearly a decade ago. The site allowed, among other things, the ability to store MP3 files and then play it remotely on other devices. The site also allowed users to search for MP3 files online and add them to MP3Tunes service. This is what the recording labels had a problem with, and they sued the site and the owner. TorrentFreak adds: The case went to appeal and yesterday the 2nd Circuit Court of Appeals handed down an opinion that should attract the attention of service providers


 

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