Warner Sues Search Engine, Tests DMCA Safe Harbor

I Don't Believe in Imaginary Property writes "Warner Bros. Records is suing SeeqPod, the music search engine, in an attempt to test the limits of the DMCA Safe Harbor provisions with a theory of contributory, vicarious and inducement liability. While other services like Last.fm have cut deals with the labels, SeeqPod relied on the DMCA Safe Harbor alone to protect it. According to the complaint [PDF] SeeqPod 'deliberately refrains' from adding simple yet ineffective content filters to screen out copyright infringing materials, presumably by not buying those filters from label-affiliated companies. Of course, this lawsuit is merely part of a recent trend seeking to move the responsibility for policing copyrights away from the copyright holders and on to third parties."

Comments

Re:Why do they even have this much power?

[nurb432]

Why does Warner yield this apparently massive amount of power in the first place? Because they have so much money.

One less movie and one less CD sold to me!

[Jane Q. Public]

I will deliberately avoid paying for Warner Brothers products next time around.

While we have seen lots of nay-sayers, the fact is that voting with your feet works, and the record companies are hurting because of it.

If we customers keep telling them "we don't want this kind of garbage, and our purchases will reflect our stance", they will listen. They have to listen. The reason they are hurting so badly right now is because they did not listen, and they are finally beginning to realize that.

Re:Reality check

[ronocdh]

When you seek to make money based upon other people's efforts or property, those other people will find a way to get some or all of your profits.

Interesting argument, considering that the labels have caused many of their biggest acts to go indie. It would appear that the labels themselves are screwing the artists out of money in many instances, and the artists, not the labels, who are trying to "find a way to get some or all of [the] profits."

Re:Why do they even have this much power?

[OECD]

Nope,we have no love for the movie and music industries and it's simply hilarious to watch them thrash and grasp at clumps of grass as they sink deeper into their graves.

If by "hilarious" you mean "despairing at our loss of privacy and civil rights due to the perceived need to prop up an outdated, but well-heeled, distribution system" then, yeah. Hi-fraking-larious.

Re:Why do they even have this much power?

[CSMatt]

People may no longer wish to pay for that stuff, but that doesn't mean that the world has suddenly ceased to be inhabited by sheep who will still consume it.

The fact they refuse to filter is the whole point!

[plasmacutter]

If they were to filter they would no longer be classifiable as a neutral intermediary.

I'd be really surprised if the MAFIAA wins this, because the suit essentially says "damnit! stop qualifying for these safe harbors! we want you to deliberately gain knowledge of and act upon whats crossing your servers"

At the same time, I also see them winning this on the utter incompetence of judges who spent their lifetime studying law, and pay geeks to come in when they need an instant messenger installed.

OH, did I mention the current agenda of these disgusting companies is people's republic of china style destruction of the internet?