EFF Says Content Storage Case Threatens 'Safe Harbor'

SAN FRANCISCO — The Electronic Frontier Foundation and other public interest groups have asked a federal judge to protect "safe harbor" rules for content in the cloud.

The groups' request comes in the form as an amicus, or friend-of-the-court, brief relative to EMI vs. MP3Tunes, where recording giant EMI has demanded that MP3Tunes reveal its users' content.

MP3tunes, the digital music locker service created by MP3.com founder Michael Robertson, has filed a motion for summary judgment in the copyright infringement suit.

MP3Tunes' Robertson noted that the case "has enormous ramifications for the Internet industry because all the major net companies offer services which store media files."

In the federal case filed at U.S. District Court in New York, EMI claims that MP3Tunes should be held responsible for infringing content stored in the lockers of some of its users.

But MP3Tunes contends that it is immune from liability because it does not engage in, encourage or benefit from copyright infringement and it quickly removes material identified in a copyright holder's complaint against its users, as required by the safe harbor provisions in the Digital Millennium Copyright Act.

MP3tunes also objects to EMI’s request because it would be both an invasion of users' personal storage and because it would create a huge technical and financial burden, with more than 300 terabytes of files in personal lockers.

The EFF, in its statement to the court, said the legal battle over Internet storage could impact and threaten the viability of both established and emerging computing technologies. It also would put a muzzle on free expression over the web.

"The DMCA safe harbors were designed to encourage the growth of new Internet innovations and expression by helping service providers manage their legal exposure, and they've been an extraordinary success," said Corynne McSherry, an EFF senior staff attorney.

"Without the safe harbor provisions, companies like YouTube, Facebook and many others could have been shut down before they got off the ground. That's not what Congress intended."

Other groups that also joined with the EFF in the amicus brief include Public Knowledge, the Consumer Electronics Association and the Home Recording Rights Coalition.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo are partnering to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Show More