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MP3Tunes 'Safe Harbor' Court Challenge Approaching
markjhood2003 sends along an update on a story we first discussed two years back: EMI's lawsuit against MP3Tunes on the claim that cloud storage of music is illegal. The case has gathered importance as cloud computing has grown in capability and acceptance. Opposition briefs in the case are due on Wednesday and oral arguments will start in January. EMI is making the unusual move (the opposition calls it "desperate") of insisting that the EFF's friend-of-the-court brief not be accepted. "EMI says the brief filed last week by the Electronic Frontier Foundation and other groups supporting MP3tunes’s argument that it’s not responsible for what music its users store on its servers should be barred because it is 'a pure advocacy piece, not a "friend of the court."' Amicus curiae briefs are often filed by interest groups and the government in cases that could set major precedents, in order to illustrate the broader ramifications of the case. ... After three years of litigation, EMI argues that EFF’s brief is too long, thereby 'circumventing' the court’s 'page restrictions' causing 'additional burden' to the court and “prejudice” to the EMI. ... In addition, EMI says, EFF’s brief 'contains unsupported speculation that is not helpful to the Court.' Anyone can submit such a brief as long as they’re not a party to the case, and judges have full discretion whether to accept them. They almost always do."
I love the EFF. I do. But they're rabidly pro-copying. Or pro-sharing. A friend of mine likes to point out that they get some of their money by the hardware companies which sort of makes sense. The hardware companies don't care about sharing. They don't care about whether the content creators get paid because, well, they still get their money. If anything, they're happy to wink at the copying because every dollar spent on content is a dollar that can't be spent on a new version of a gadget. So while I think it's okay that they're writing friends of a court briefs, I'm sure they're really more like "friends of the cloud manufacturers" or "friends of the Consumer Electronics Ass."
... just some boring pre-trial lawyering...