Copyright.net, Publishers Seek Mp3.com Injunction

The music-publishing arm of Nashville-based media file-tracking service Copyright.net and a consortium of 50 independent music publishers have filed a multimillion-dollar copyright-infringement suit against MP3.com, seeking a permanent injunction against the San Diego-based online music company.

The suit‚ filed Aug. 15 in U.S. District Court for the Southern District of New York‚ also seeks $25 million in statutory damages, as well as "more than anyone has asked for so far" in actual damages in a copyright-infringement case, says co-attorney Lauren Kluger, stemming from the "viral distribution" of 1,000 songs whose publishing rights were allegedly infringed by MP3.com and its subscribers.

MP3.com operates the My.MP3 instant-listening service, in which copyright material is offered as on-demand streams; according to a Copyright.net statement, consumers can "easily capture and virally 'share' or 'trade' these songs with millions of people participating in the Internet's growing peer-to-peer/file-sharing communities."

The argument that streamed files, like downloads, can be traded among peers was first made by the Harry Fox Agency in its copyright-infringement suit against Universal Music Group's Farmclub.com (Billboard Bulletin, Dec. 8, 2000).

"Tracking systems can determine how far a song has been distributed [online]," says Kluger, who hopes to get summary judgment based on other successful lawsuits against MP3.com and expects the trial to focus on damages. "We're going for the jugular."

Calls to MP3.com representatives were not returned.