Record companies and music publishers will get more damages and a second shot at holding the founder of MP3tunes liable for additional copyright infringement following a federal appeals court decision Tuesday.
Reversing a lower court, the U.S. Court of Appeals for the Second Circuit said MP3tunes and founder and CEO Michael Robertson did not qualify for the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512.
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