And like Seeqpod, it was also an easy way to obtain copyrighted material from the many places on the Web where that kind of stuff can be found.

Up, down, and up again

Evidently, the music industry took notice and sought to shut the service down in court. Warner Music was the first to file a lawsuit against the startup behind Songbeat and ultimately forced the fledgling company to take the service offline, but not without them promising to return with something bigger and bolder in the future.

Yesterday, the guys behind Songbeat came out with a revived version of the desktop client, which has been renamed Songbeat 360. Music lovers are going to love it.

The music industry, however, is not.

The app

Songbeat 360 is an Adobe AIR powered desktop music player with a powerful music search engine – unambiguously baptized Songbeat Search – at its core. Search for artists or songs and the app returns a list of 50 search results, along with links to the originating source. Double-click tracks and you can instantly play them from the integrated player, or right-click to download tunes to your computer. Drag music tracks to the left-hand column and create custom playlists straight from the app. Slick, fast and easy.

Wanna learn more about an artist? Simply hit the ‘Discover’ button and you’ll get all sorts of information from across the web delivered right to the desktop client interface, including similar artists so you can find more music you like by browsing their profiles and albums. Interested in knowing when the artist in question (or another) is playing at or nearby your location? Click the ‘Live’ button and you’ll get a list of gigs based on your location, which you can easily modify. Wanna let your friends know what you’re listening to? The integrated Twitter button will make that easy for you too.

The cost

Songbeat has set up an unusual way of monetizing the service. When you launch the application for the first time, you’ll see 50 credits at the right top of the client. Every time you do a search for an artist or song, a credit comes off your inventory. Scroll to the bottom of the list and you’ll get 50 more results, once again taking a credit off your account. If you run out of credits, which takes away the ability to search music using Songbeat Search, you can purchase additional credits at any time through Paypal, with a rate of €10 or roughly $15 for 1,000 credits.

Here’s the funny thing: actually streaming music or downloading music doesn’t cost you any credits at all. Nothing. Zip.

And that’s of course what will make users love it, and labels (and many music artists) hate it.

The problem

The announcement of the all new Songbeat starts like this:

“Why should I pay for music when it’s available for free everywhere anyway? This is the question everyone is asking themselves today.” says Claudio Fritz-Vietta, CEO of Songbeat Distribution Ltd.

Nothing short of provocative, and when I inquired about the specifics of deals that are in place with record labels or artists to make sure the latter get adequate compensation for their work, Fritz-Vietta made it clear that he is trying every trick in the book to prevent having to pay up for that. Which means that, unlike Spotify (which Songbeat loves to compare themselves with), there are zero arrangements with the music industry in place yet, and I doubt there ever will be.

Like Seeqpod before them, Songbeat hides behind the Digital Millennium Copyright Act by stating they are only search providers offering users access to music that is already available on the Web, and that the company never actually hosts any digital files on its own servers. Seeqpod tried to play that game, got sued all over the place anyway, ultimately filed for bankruptcy only to be (presumably) picked up by Microsoft for its core technology and team some time after.

Songbeat also says it actually wants to help artists and their labels market their music, concerts etc. better by – get this – offering them free ad space inside the client interface. The idea is that they’d advertise better quality tracks, concert tickets, etc. using ad units that are displayed whenever someone ends up on the artist’s profile.

Somehow, I don’t think that’ll stick.

This is part of their pitch:

“There are no deals with any labels in place yet, but we are open for talks and are willing to work with them and with each individual artist. We are not doing this to steal from anyone. Whatever we earn with this we are willing to share in a fair way. We want to offer a new and alternative revenue stream. Artists and labels will have to use as many revenue streams as possible to keep their businesses going – we will be one of them.

It’s about controlling what’s out there at the moment – and right now – as we can see the labels & artists have no way to control it. We want to help them control any content that’s out there may it be claimed legal or illegal.

Regarding the legal situation Songbeat 360 and Songbeat Search fully comply with the DMCA and all major copyright laws internationally. Songbeat has learned a lot in the past after being sued by Warner Music in Germany. There is a take-down notice and each source from each individual track found is shown. It would actually be a perfect tool for labels to find all copyright infringements that are online and get them taken down.”

In a perfect world, maybe. A serious shame we’re not living in one.

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Today we’re hearing that Seeqpod has started looking to sell off its seeqpod.com domain name, pending an acquisition deal that is about to close. We got in touch with CEO Kasian Franks, who refused to confirm the rumors, saying that a deal has “not officially closed” and that a decision to unload the domain is still “up in the air”. It may not be official yet, but given that the company has apparently begun prodding for buyers for the domain, it sounds like it’s nearly finalized.

Franks was willing to talk vaguely about the pending deal, saying that multiple major suitors are involved. He also noted that any acquisition would be about the company’s technology, and not necessarily the Seeqpod brand. While Franks still won’t name the companies involved, he says that they have no issues with acquiring more traffic, which is why the company may wind up selling Seeqpod.com.

Update: As commentor Spencer Schoeben points out below, visiting Seeqpod.com and clicking the site’s logo will take you to Microsoft’s new Bing search engine. So, yeah — it’ll be very surprising if Microsoft isn’t ultimately named as one of the companies involved with the acquisition.

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Earlier today, I wrote a post wondering whether music-search engine Seeqpod had finally sold itself to Microsoft because of a suggestive link on its homepage linking to Microsoft Search. Some other bloggers noticed also. Since then, I’ve been able to confirm that no acquisition has closed and that talks continue. Seeqpod is indeed speaking with Microsoft, but not about an outright acquisition. Rather, it is trying to negotiate a piecemeal sale of its technology assets and find new jobs for its core technology team.

And while Microsoft seems to be interested in the largest chunk of Seeqpod’s assets, the company is speaking with other large search companies in hopes of finding a home for the other pieces. These assets include its targeted crawling system for finding playable media on the Web, its search index of 14 million playable search results and 500 million associated text pages, its recommendation and discovery system, five related patents, and the teams associated with each of these technologies. The fact that Seeqpod is in Chapter 11 bankruptcy makes this sort of fire sale easier to pull off. As far as the pending lawsuit with the music industry which forced it to seek protection under bankruptcy in the first place, there is no plan to settle at this point in time and “become an ATM machine” for the dying music industry, says my source.

So why would Microsoft want to touch Seeqpod, even with a ten-foot pole? It’s underlying search technology can be applied to many other areas besides music search. Seeqpod actually got its start at Lawrence Livermore Lab and genomic search (matching genomic sequences to diseases, symptoms, and even foods), so there are health search applications. But more broadly Seeqpod’s technology is around “playable search.” It can bring back playable media results (audio and video, primarily) for practically any search term. That is the kind of technology and team that could help Microsoft’s general search engine.

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We’ve covered SeeqPod quite a bit here on TechCrunch. The San Francisco startup has been hard at work to develop a way to intelligently index media files on the Web to make them searchable online, and introduced an API which many other startups and projects made use of to power their own music, video and audio search engines. But despite the fact that its technology has always been pretty unique, the startup has had a rocky road up until now.

SeeqPod has always tried to avoid getting sued by pointing to the DMCA, and arguing that it merely indexes media from across the Internet (much of it not copyright-cleared) but does not effectively host any files and thus should be protected from litigation. Regardless, music labels in particular were not pleased with how SeeqPod and many of the web services using its technology as an underlying foundation were discovering and streaming songs on the net. The record labels sued, Seeqpod filed for bankruptcy, and then put itself up for sale.

Did anyone bite? Right now the site is down, with a message saying it is “cocooned for metamorphosis…” The word “metamorphosis” links to Microsoft Search, which could mean that it is in talks with Microsoft to sell the company, its technology assets or the link could just reflect wishful thinking on Seeqpod’s part.

Microsoft would most likely be interested in Seeqpod’s underlying technology and could deploy it in a much different manner than Seeqpod. It would also be in a better position to settle the lawsuits with the music industry quickly.

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At the end of last month, we broke the news that the Emeryville, CA-based company filed a petition for Chapter 11 with the U.S. Bankruptcy Court of the Northern District of California. Now it looks like the service, which many third-party developers use as the underlying foundation for their own offerings, has gone completely dark for the past couple of days.

Update: site just went back up with a maintenance notice, about 5 minutes ago (10 AM EST)

Apparently, after going down Friday afternoon Seeqpod at one point claimed on its website that it was having server issues and that the service would be restored once the technical problems were solved, but the site went down again 45 minutes after the notice was published and has been unavailable since 10:30 PM EST Saturday night.

There’s still no 100% certainty that Seeqpod has in fact permanently closed shop. In fact, MP3 Newswire in a post says it has been in touch with Seeqpod CEO Kasian Franks yesterday and that he reportedly stated the company is merely moving servers. Furthermore, MP3 Newswire quotes Franks as having said that the company is in acquisition talks with a “large media company that was a competitor to Apple”.

This could of course be a well-considered strategy to let people know it’s up for sale at all (which under the circumstances, would not be much of a surprise), hoping to squeeze a deal out of say, Sony or RealNetworks. In case this is all just talk and an acquisition never happens, things are not looking too good for Seeqpod, who despite the fact that it claims not to host any files on its own servers has become the target of multibillion dollar lawsuits by music labels like Warner Music, Capitol Records and EMI.

The company has raised $7 million from undisclosed angel investors to date.

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The company, which has raised $7 million in venture capital to date from undisclosed investors, is evidently doing this out of fear about the outcome of the multibillion dollar lawsuits it was slapped with by music labels like Warner Music, Capitol Records and EMI.

We reported earlier that SeeqPod has become quite the target of the music industry, which went so far as going after developers who merely leveraged the SeeqPod API. They silenced Songbeat and forced Streamzy to put itself up for sale on eBay as a result.

SeeqPod has developed interesting and powerful technology that is able to quickly crawl the web for playable media (MP3s, slideshow presentations, videos, etc.) and enables users to play it on-site. It doesn’t actually host any files on its servers, but the downside of the technology from a legal point of view is that the crawling engine picks up pirated music files from across the Web too, which is why the music labels are so eager to sue the company behind the service, especially since it spawned so many third-party services which use the engine as the basis of their online offerings.

It’s worth noting that many search engines index copyrighted material too and are shielded from legal actions against them under the DMCA, so it seems rather arbitrary that the music industry is picking on SeeqPod specifically (the startup is huddling under the DMCA protection too). Maybe this is because of the fact that SeeqPod enables visitors to play files directly, and because it has reportedly been slow in setting up negotiation talks with the labels.

SeeqPod recently started selling its source code to developers (price tag: $5,000) in the hopes of creating a legion of ‘mini-SeeqPods’ which could prove difficult for the music labels to kill one by one, but it’s unclear if this strategy has paid off so far, and yesterday’s Chapter 11 bankruptcy petition doesn’t bode well for the startup (or its investors, who are often wiped out in such proceedings).

To be continued.

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Update: Streamzy co-founder Brian Krantz says it’s definitely not a joke.

The service amassed merely 2,400 registered users since its launch in early 2008, and has a monthly visitor rate of only 7,000. The back-end runs for free on Google App Engine and the Flex front-end code will be included should someone decide to pick up the site.

For context: the music labels aren’t only targeting SeeqPod anymore but also developers who use its API, so we’re not sure anyone will be inclined to bid, unless of course if it’s just for the name, logo and domain name.

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It’s no secret that the record industry hates Seeqpod, a music site that lets users stream songs for free. Last year the company was sued by Warner Music Group (the outcome of the suit is still pending). Now, the company has just been slapped with a complaint from EMI. But the new complaint goes one step further, personally naming some of the Seeqpod executives, and in a move that may well raise the ire of countless developers, a developer named Ryan Sit who happened to tap into the Seeqpod API.

The legality of Seeqpod is murky. The company says that it doesn’t store any songs, but instead streams them from countless music files littering sites across the web. In effect, it acts as a powerful music search engine with a media player built in. The record industry claims that this is still illegal, and the new EMI complaint goes as far as to say that Seeqpod actually does host some of these music files, at least temporarily (which would strike a major blow to Seeqpod’s defense if proven true). In any case, Seeqpod is clearly on some shaky legal ground, so the new lawsuit doesn’t come as a surprise.

What is surprising, and potentially very alarming, is the fact that Ryan Sit was named in the suit for running the one-man startup Favtape, which leverages the Seeqpod API to stream music. Sit has created a number of sites, including Swurl and FavThumbs. In short, he’s a prolific developer who takes advantage of the APIs offered by many popular websites.

Favtape allows users to create playlists of their favorite songs, which are then streamed using the Seeqpod API. Favtape never hosts any of these files. At its core, it’s essentially just a fancy front-end for Seeqpod. In my past coverage of Favtape, I’ve noted that the site would become virtually useless if Seeqpod ever got sued. But it never crossed my mind that the site itself, and the man who built it, would also be named in the case. For one, there are dozens of other sites that use the Seeqpod API to do exactly what Favtape does. Why was Favtape singled out? There’s also the fact that – given the already murky laws surrounding Seeqpod – Favtape is yet one more degree removed from any possible transgressions.

If EMI does win, it would set a precedent that the usage of an API puts the developer at risk of a lawsuit should the service they’re tapping into ever get sued. Such a decision would have huge ramifications for developers, who could become weary of using any service that could conceivably be considered illegal. It would stifle innovation. And frankly, it’s ridiculous.

For more, check out this post by Michael Robertson.

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We cover some amazing startups here at TechCrunch, and for every service we cover there’s probably a dozen we miss as well, given the hyper-inflated nature of the second great web boom. You can appreciate a service without ever actually going on to use it, but the better ones can change the way you interact with the web or run your working day. I thought as this is my last major post here that I’d share some of the services that I actually use. I started using most of them based on posts at TechCrunch, so if you like these turned out to be my practical standouts in the sea of noise.

Evernote

Evernote has completely changed the way I deal with paper (yes, old fashioned paper). Its been described as everything from a scrap collection through to a bookmarking service, but at its core its a database service with industrial strength OCR capabilities. To use, you can clip data or a link, type a note, add a photo (with support for webcams) or scan info in. Everything added can be tagged and indexed, and is searchable via the text within each document, for example a wine label with no other information becomes searchable by every word on the label itself. I scan every paper bill or letter I receive, allowing me to shred/ dispose of them cutting down on the need to file things manually. More importantly it cuts out the need to have to go through my filing cabinet searching for the bill later. The service has a desktop client and web interface, so you have the security of knowing that your scanned documents always have a local copy, but if you’re at another computer or on the go, you can easily access the same data.

See Erick’s review here.

Things
This isn’t a web application yet, but hopefully one day it will follow Evernote’s lead and offer a web backup/ sync services as well. Things is a clean, simple Getting Things Done client for the Mac that’s helped me overcome my constant cases of email bankruptcy. It takes a little discipline (I process my email at once every morning and add everything requiring follow up to Things), but its been a godsend in terms of information management. Users can add links to emails, webpages, or simply make notes, and you can tag, categorize and set due dates on all entries. They’re currently testing iCal support, so I’m hoping that if this works well I’ll be able to sync the data, via iCal, across various computers.

Skitch
Michael put me on to Skitch initially and I’ve never looked back. Skitch is a Mac image editing tool that also links into web based image hosting. It’s not a Photoshop replacement, but it handles 95% of my own image editing needs. Simple, quick, brilliant.

See Michael’s review here

Plaxo

Plaxo is trying to be many things to many people, from activity streams through to social networking, but its core syncing product has unlocked my data across multiple computers and even my iPhone. Plaxo syncs data from your calendar, address book and elsewhere between computers. It can also pull data from LinkedIn and some Google services. This allows my laptop, desktop and iPhone to be always in sync, and in case of emergency I can get to my address book via the web as well.

TechCrunch coverage here

LinkedIn

I never really appreciated LinkedIn until Plaxo gave me access to the data elsewhere. LinkedIn remains the premium business social networking destination and I find myself regularly using details I’ve pulled from it. I use Facebook as well, but I find LinkedIn provides more value.

TechCrunch coverage here.

Twitter

Twitter is like being married, you love it dearly but some times you want to strangle it. Twitter has transformed my networking in the last 12 months. It served as a conduit to building new relationships in a way that Facebook, FriendFeed and others never will. I can walk into a tech meeting/ conference/ meetup anywhere in Australia now and although I may have never met anyone in the room in person, I’ll know at least one person (usually more) from Twitter; you cant buy that level of contact and its given me friendships and acquittances that could never have come around by any other means. Twitter still has problems ahead: like a complete lack of a business model, but expect Twitter to continue to grow, with somebody (maybe Yahoo, although Biz prefers a Google exit) acquiring the service before December.

TechCrunch coverage here.

Grooveshark

Until recently this would have been Seeqpod, but since reviewing the Grooveshark player I’ve found myself listening to music there regularly. MyPlayList is another service I’ve been using, although not as much. The bonus with Grooveshark is quality: as all songs are uploaded by users (legally) and the quality is usually first rate, where as Seeqpod can be hit and miss sometimes. I want to love Pandora, and I used it for years, but given it’s now georetarded I’m blocked out. Last.fm isn’t bad, but it’s not a team player in terms of the industry and it’s also owned by CBS; I’d rather support the little guy.

There’s probably others as well I’ve forgotten about. One last shout out to 37Signals: I’ve used their services in the past when running a startup and they’re great (I’m not using them today) but their management ethos is a breath of fresh air in a world where people who want balance should (apparently) be working at Starbucks. If I were local and looking for a job, I’d be begging for a look in.

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Sonific

Gerd Leonhard, Co-Founder & CEO writes:

1) There are countless startups providing access to any and all music streams without any license whatsoever. However, when we approached the major record label decision makers in order to obtain licenses for some of the music in their catalogs we have routinely faced demands for very large cash advances and fixed per-stream minimum payments, pressure to give them ‘free’ company equity, and requirements of utterly bizarre usage restrictions. It seems that the industry’s major stakeholders still prefer this turf to remain unlicensed rather than to allow real-life, workable and market-based solutions to emerge by working with new companies such as Sonific. This is not the way forward.

2) We therefore had to realize that a company that wants to provide interactive streaming music services must either a) risk the constant complaints of their users, due to the lack of hit content b) proceed to use any and all music (this is routinely done by allowing users to upload their own MP3s) without the required licenses, and therefore be at the total mercy of the record labels at some point in time, and c) build a huge audience very quickly, based on having the content available – permission or not -, and then very quickly sell themselves to a large company that will take care of placating the labels while the money is plenty and the pockets are deep.

Unfortunately we don’t like any of these choices.

Sonific joins the TechCrunch Deadpool

thanks to Andrew Watson for the tip

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MyPlayList

MyPlayList uses the XSPF xml format to combine the images from the Flickr image sharing service, with music that is hosted across the internet, and similar to Seeqpod does not host or cache any of the music to avoid any copyright issues.

To use, users enter the name of any band or singer, and the system automatically compiles a Flickr – music combination, or suggests an existing playlist if one is already in the system. Registered users can create custom playlists and the site offers various embedable versions as well.

We covered GrooveShark’s new player yesterday, and MyPlayList works in the same space (along with Seeqpod). The visuals delivered by MyPlayList is a nice touch, particularly in full screen mode. Mark the site down as another free music provider that may challenge the likes of the play five times then buy Last.fm and the geo-retarded Pandora.

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For those unfamiliar with the company, Grooveshark allows users to upload and share their music collection with friends, but with a twist: every song uploaded can be purchased DRM-free with the uploader getting a cut of each sale (the rest goes to the record companies, and the service is 100% legal).

The new Grooveshark Lite player is not dissimilar to what Last.fm offers, but without the silly restrictions like being able only play the single five times. It also helps that Grooveshark has a huge selection of music; I don’t have comparable numbers but Grooveshark returned better results on a couple of more obscure searches, where as Last.fm failed or only had 30 seconds of the song. Unlike Seeqpod, another service that allows you to search for and play music uninhibited (and until now my music service of choice), the music on Grooveshark is of a more reliable quality as it’s vetted for sale, although unlike Seeqpod you cant illegally download the track, if that’s how you like getting your music.

The player offers music by artist, album and song title, and is free to use and doesn’t require registration, although registration is required to use Grooveshark services such as playlists and sharing.

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Seeqpod offers a music search engine that allows users to play music they find directly on the site. According to comScore the service had over 6 million page views in December 2007.

Warner Music claims in its suit that Seeqpod infringes on their copyrighted works by “making on-demand and unauthorized digital public performances of these works,” making a direct and material contribution to infringing content by presenting content from “pirate sites.”

What’s interesting about this case is that Seeqpod is a search engine; it links to content as Google would, although it does allow users to play the content from their site, but ultimately they never host any of the content.

The EFA notes that there is little case law relating to search engines and copyright claims, and the DMCA should be applicable here; “the defendants are complying with the letter of the law, but copyright owners are now trying to change the rules in court.”

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Previously Songza pulled songs solely from Youtube (by only playing the audio track of music videos). Seeqpod is an MP3s search engine that finds songs and streams them from across the Web, including ones that may infringe copyright. (Read this post by Michael to understand why this actually might be legal).

Songza is also launching a Self Promotion beta for artists who want to promote their bands on the site. For 99 cents, bands can get a song on the recommended list of Songza’s home page for 24 hours. The site gets about 40,000 visitors a day. That translates to 1.2 million visitors a month. Not too shabby for a site that launched in November. The company is working with Creative Commons to get the word out about the beta, and is populating the recommended list with Creative Commons artists. Once it builds an actual recommendation engine, which it is working on, it will pull in other songs as well.

Last month, Songza was spun off from Humanized, whose co-founders were recently hired by the Mozilla foundation. Songza will continue to be run as a separate business. It is currently seeking funding.

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A new desktop application called Songbeat has been released that allows you to search the web for MP3s using Seeqpod technology, stream those MP3s, and even download them.

Seeqpod, which we covered alongside Skreemr and Songza, is a search engine for MP3s that are hosted across on the internet. Whereas with Skreemr, you can actually click on a link to download a track, SeeqPod only displays a non-clickable URL to the file so it’s not easy to download several songs. Therefore, Songbeat makes it easier than SeeqPod to proactively collect copies of MP3s from across the web.

The client is currently only available for Windows, although a Mac version is purportedly coming soon. Two versions of the Windows client are available: a free, ad-supported version and a “pro” version for 10€ per year that gets rid of ads and allows unlimited downloads.

Songbeat says explicitly on its website that it “assumes no responsibility for any copyright infringements or legal issues” and insists that you “make sure that you have the right to download the music you have chosen.” Yea, that’s going to happen.

Also check out Freemusiczilla, which makes it possible to download tracks from any streaming site, including SeeqPod.

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Chictini is a social network, launched just this fall, where people can submit fashionable items (clothes, accessories, art, and even electronics) found on the websites of online retailers. Members (”chicsters”) vote submitted items up or down, causing them to rise and fall, thus making the site like Digg but for trendy merchandise.

Chictini thinks that the expression of one’s taste in music will complement the expression of one’s taste in fashion, and has therefore decided to integrate SeeqPod functionality into user profiles. SeeqPod is an MP3 search engine, reviewed along with a couple others here, that allows you to stream (mostly copyrighted) music found around the web by its crawlers.

Now, Chictini users can search for music using SeeqPod within the Chictini site itself and add one song at a time to their profiles. The song will then show up on their profiles in the form of a SeeqPod widget that allows for instant playback.

As we mentioned in our previous coverage of SeeqPod, it’s unlikely that the labels have enough legal standing to win cases against the music search engines themselves, although there is a possibility that the engines could be held liable for contributory infringement. Chictini is evidently betting that their chances for legal repercussions are similarly very low, and probably even much lower.

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Three that we’ve been tracking are SeeqPod, Songza and Skreemr.

All three index the web, or parts of the web, looking for music files that people have uploaded to servers. Users search by artist or song. MP3s or other non-DRM sound files with metadata matching the query are served as results.

Unlike sites like LaLa, Imeem and Pandora (and many others), which are all trying to play by various RIAA rules to deliver music to users, music search engines generally don’t pay royalties of any kind. The music itself is never on their servers, so they have significantly less copyright exposure. More on that below.

Of the three, Seeqpod is the most useful. It has an index of 8 million individual songs, auto-spell checks queries to find common misspellings, and allows users to create playlists. Seeqpod also has embeddable players, and will try to find music videos of songs you are playing. Seeqpod, by the way, was originally a project of the Lawrence Berkely National Lab.

SeeqPod – Playable Search

Songza also allows users to create playlists and provide embeddable players.Skreemr has bare bones functionality and the hit rate is a little iffy. But they have one feature that the others do not – a direct link to the file on the third party server. That means downloading the song to your hard drive is just a right mouse click away.A fourth company, Deezer, changed its model in the face of litigation in France.

Copyright, Schmopyright

There’s no reason to mince words here – the music these sites are playing is almost always copyright infringing. But it’s distributed on servers unaffiliated with the search engine itself, making it effectively impossible for the RIAA and its international equivalents to do much about it other than try to force the largest infringers to remove the content. That’s because there is little recourse against the search engines themselves.

None of those legalities affect the search engines, though. It’s unlikely that under current U.S. law the RIAA can do anything at all to stop them.

Current case law gives a lot of leeway to search engines. I spoke this evening with Andrew Bridges, counsel for Google in Perfect 10 v. Google. In that case, Google was held not held to be infringing the copyright on images just by displaying a thumbnail of the image in search results.

The same arguments are valid with the music search engines, says Bridges (with the caveat that he’d have to look much more closely at the specific facts of any case).

The services may still be liable for contributory infringement, he says, but there just isn’t any definitive U.S. case law on matter yet. And no statutes cover contributory infringement.

So for now the search engines are free to link to infringing songs, and even stream them on their site. Just so long as the songs themselves are never stored on their servers. That’s good news for Deezer, Seeqpod and Skreemr, and the users who’ve come to rely on them.

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