Texas Trademark Lawyer Tamera Bennett

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MP3 Tunes - Judge Pounds Final Nail In Damage Coffin

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You may recall in MP3Tunes a U.S. District Court judge in New York ruled in August 2011 that online music locker service MP3Tunes and its founder Michael Robertson were liable for copyright infringement for content they uploaded.  Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 5104616 *14 (S.D.N.Y. Oct. 25, 2011).   In March 2014, the jury held MP3Tunes was not entitled to DMCA safe harbor protection for infringing content that was readily identifiable in DMCA take-down notices from the plaintiff but not removed from MP3tunes after notice was received.

The damage phase continues in the MP3Tunes case into 2015.  An original jury award of 48 million was modified by the Judge on September 29, 2014 and on April 14, 2015 the court reduced the judgment to a little more than 23 million and issued the following order finding the owner of MP3Tunes jointly and severally liable because of his knowledge and actions”

AMENDED JUDGMENT: IT IS ORDERED AND ADJUDGED that

1. Judgment is entered in favor of Plaintiffs and against Defendant Michael Robertson in the amount of Twelve Million Two Hundred Forty One Thousand Five Hundred Thirty One Dollars ($12,241,531.00) (the "Robertson Judgment");

2. Judgment is entered in favor of Plaintiffs and against Defendant MP3 tunes, LLC in the amount of Eleven Million Fifty Seven Thousand Thirty One Dollars ($11,057,031.00) (the "MP3tunes Judgment);

3. Of the Robertson Judgment, $1,461,500.00 is entered solely against Defendant Michael Robertson;

4. Of the MP3tunes Judgment against Defendant MP3tunes, LLC, $290,500.00 is entered solely against Defendant MP3tunes LLC;

5. $10,766,531.00 of both the Robertson Judgment and the MP3tunes Judgment is entered jointly and severally against both Defendants; and

6. The foregoing judgments shall bear post-judgment interest, pursuant to 28 U.S.C. § 1961(a), running from October 30, 2014 until satisfaction of this Amended Judgment.

Capitol Records, Inc. v. MP3Tunes, LLC, No. 1:07-cv-09931-WHP-FM, Doc 692 (S.D.N.Y., filed Apr. 14, 2015).