Download Website Loses Beatles Case
EMI Music and Apple Corps. have been successful in getting an injunction against the website Bluebeat, preventing them from selling what is claimed to be unauthorised downloads of Beatles songs.
Bluebeat had hoped to exploit a legal loophole by adding what it termed ‘psych-oacoustic simulations’ to the songs. Bluebeat’s argument seemed to be that its downloads were exempt under US copyright laws, because it had made its own sound recordings of the tracks.
But this argument was rejected in court.
The judge said: “[Bluebeat owner] Mr Risan fails to provide any details or evidence about the ‘technological process’ that defendants contend was used to create the ‘new’ recordings or adequately explain how the ‘new’ recordings differ in any meaningful way from plaintiffs’ recordings.”
However, in a baffling piece of double-speak, Risan claimed they had permission to sell the tracks, even though they didn’t!
“Did we just do this on our own? No. We did it through a very, very controlled process working with all of the labels and the Recording Industry of America in order to create a system that would ensure payment of royalties to copyrights.”