MP3tunes Founder Fights Court Decision That Could Help Music Labels Bankrupt Him
by Robin Wauters on November 3, 2009

Two years ago, a bunch of labels affiliated to music giant EMI Group sued both MP3tunes and its infamous founder Michael Robertson – former founder and CEO of MP3.com and currently running VoIP startup Gizmo5 – over alleged copyright infringement. A year ago, a judge did the sensible thing and tossed out the part of the case that could personally bankrupt the man.

Fast forward to about two weeks ago, when a new ruling gave EMI again a way to go after Robertson’s personal assets in court.

That poor decision was made after a key witness – a former director at MP3tunes who was fired – was reportedly paid by EMI to get her to change her deposition after the judge had already thrown it out. For more information about this unexpected turn of events, head over to this excellent article on TechDirt.

The fact that the record labels were going after Robertson personally was as despicable two years ago as it is now, and Robertson has now understandably appealed the court decision that would allow the roughly two dozen labels to personally sue him for MP3tunes’ alleged copyright infringement (which is also BS since the service only allows people to store their own digital music online and lets them access it from any Web-enabled device).

Robertson filed a motion for reconsideration or alternately certification for interlocutory appeal on Friday in the U.S. District Court for the Southern District of New York.

Meanwhile, he continues to ask readers of his blog to spread the word about EMI’s lies to the world. I’d consider doing just that if I were you.

(Image credit: MichaelRobertson.com)

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  • This case demonstrates how malicious the labels are in their attacks. Malicious and incompetent (or at least ill-informed). As you mentioned, this guy is not the bad guy. MP3 Tunes is just a hosted locker service. It does not promote or enable file copying or file sharing. If the labels object to CDs being ripped to create a digital copy, their beef is with the end-user, not with MP3Tunes.

  • window.location=’http://www.google.com”

  • this cannot continue, the labels are so powerful and have so much money they can afford to do anything and control the way we consume music. This should be stopped, its 21st century. I have an idea that could make online music totally uncontrollable, and when it goes massive, no matter how EMI tries, they wont be able to shut it down because its decentralized.

  • Michael, please take your fortune made from MP3.com and walk away.

    Today, a company is introducing something which may seriously become a real fight.

    If I was in the financial situation you are in, seriously, it is not worth it to waste your money with anything concerning music.

    Take a month at the Wynn and use your brilliance to think of 3 new things and just move on.

  • music labels are evil.

  • Ever think maybe Mr. Robertson might be not as squeaky clean as you all think? I’m not defending the scumbag labels. I’m just saying, Mr. Robertson may not be as good a guy as you assume he is.

    And it’s a shame that TechCrunch can’t be more objective. Is this a news article or an opinion piece advocating his support? One more example of why TechCrunch isn’t a reliable source for tech news.

  • William Fredericks - November 3rd, 2009 at 10:56 am PST

    Neither this article nor the techdirt article present any facts on which to provide a call either way in this situation. Both articles have accepted the popular spin that labels are evil and entrepreneurs are good. Just because you can technically do something doesn’t make it legal. Let’s see some links to the court transcripts and rulings and put the details in the public eye before siding with either party.

    My challenge to TechCrunch’s editors, readers and supporters is to put the facts out in public and provide an analysis. Let’s see what you can do.

  • If the record labels would have taken just a tiny fraction of the money that they spent on coke and hookers during the 80’s and saved it or invested it or something…

  • The music labels must disperse, they are a waste of bandwidth. This goes to show the level of authority the music labels have; they literally have us all by the b@!!$, anyone can get screwed.

  • I think the big thing I’m missing here is what is the legal loophole which is enabling the labels to sue Mr. Robertson directly?
    He was acting as a member of a company which I assume was a Limited Liability, so shouldn’t he be protected personally?

    • Not unless they were able to somehow pierce the corporate veil. I have no idea the legal wrangling, but if he, as a user, personally infringed on copyrights, it would be possible.

  • The music labels are the mafia.

  • Well what do you expect EMI to do? Get a real job? There aren’t any, and being an expert in stealing is already taken by our government and two party syndicate… oops, I mean system.

    Do I take the blue pill or red one now?

  • i dont know anything about his companies, in particular mp3tunes, but i think they should pursue this approach with founders of companies like pirate bay.

  • Robertson lost all credibility with Lindows.

  • I don’t get it. If there is copyright infringement or contributory infringement taking place, the perp should be able to hide behind a corporate business structure or something?

    Can a burglar incorporate his business and not have his personal assets gained from his business up for grabs?

  • This is really unfortunate. I hope it gets sorted out

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