Judge: Companies Can Offer Cloud Music Storage Without Label Consent

Amazon, Google and other companies that allow users to store their music on cloud servers are within the law, according to a federal judge who ruled that the Digital Millennium Copyright Act of 1998 protects the business model. The judge ruled in favor of cloud storage service MP3tunes, which was sued by record label EMI.

Wired relays the judge’s opinion (PDF) that if the DMCA doesn’t protect cloud storage, it wouldn’t protect search engines either:

“If enabling a party to download infringing material was sufficient to create liability, then even search engines like Google or Yahoo! would be without DMCA protection. In that case, the DMCA’s purpose — innovation and growth of internet services — would be undermined.”

The judge also ruled that MP3tunes was liable for copyright infringement due to 350 songs available on a website it operates that allows users to search online for free music. The company allegedly refused to take the songs down despite EMI’s request. Potentially, the infringement could cost the company millions of dollars at trial.

Judge OKs Unlicensed Cloud Music-Storage Service [Wired]