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 © 2025 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

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

What Changes in DC Could Mean for the Adult Industry

On November 5, 2024, American voters were called to the polls. The results of that election revealed an unquestionably uncomfortable truth for everyone, regardless of party or ideology: the “united” part of United States does not appear to be holding strong.

Byborg Acquires Gamma Entertainment

Luxembourg-based Byborg Enterprises SA has acquired 100% of Canadian adult conglomerate Gamma Entertainment.

Adult Creative Debuts 'Pornful' Website Management Platform

Web design and marketing firm Adult Creative has launched its new Pornful website management platform.

2025 XMA Winners Announced

Winners of the 2025 XMAs were revealed Sunday night during a ceremony hosted by Vanna Bardot and Ryan Reid at the world-famous Hollywood Palladium.

X3 Expo Day 2 Looks at the Industry's Past, and Ahead to Its Future

A gorgeous day in LA saw a massive procession making its way along Sunset Blvd., as hundreds of excited fans headed to the historic Hollywood Palladium for a rendezvous with the galaxy of A-list adult stars awaiting them on Day 2 of the 2025 X3 Expo.

X3 Expo Pops Off With All-Star Lineup

A wave of excited fans cascaded down Sunset Blvd., cresting and breaking with anticipation as they flowed into the historic Hollywood Palladium, where the A-list echelon of the adult world stood ready to greet them, pose with them, chat them up, and showcase the latest in spicy entertainment, as the 2025 X3 Expo popped off.

XBIZ Honors Uplifts Spirits Amid Challenging Times for LA and the Adult Industry

"A bunch of misfit toys." That’s how MojoHost founder Brad Mitchell described himself and his industry peers at the 2025 XBIZ Honors ceremony at Hollywood’s Kimpton Everly Hotel. Everyone cheered in agreement. Frankly, they wouldn’t have it any other way.

Kansas Sues Adult Website Operator Under AV Law

Kansas Attorney General Kris Kobach has filed suit against SARJ LLC, alleging that the company’s adult websites have failed to implement age verification as mandated by state law.

Show More