Only when Grooveshark seemed to be putting its legal troubles behind it, the music program is sued once again by one of the main record labels.
In a lawsuit filed on Thursday in a Manhattan federal court, saving company EMI accuses Grooveshark of breach of contract and copyright infringement. The gist of EMI’s criticism is that when getting into a certification agreement with the label in September 2009, Grooveshark fell behind in its monthly obligations and also neglected to provide product sales records.
EMI required the sales information to precisely really know what to charge the program. EMI said due to Grooveshark’s failure to pay, the label terminated the offer in March. Nevertheless, Grooveshark continued to deliver or enable customers to reveal music, EMI said in its criticism.
Grooveshark stated in a statement: “Even though we often try to keep lines of conversation open with rights holders, artists and all other your customers, disagreements inevitably arise, since is true in just about any business, specifically one that’s pushing for innovation and industry change. “We remain positive that we will be able to take care of our dispute with EMI.”
What actually separates this case from the armloads of copyright infringement cases through the labels in opposition to Grooveshark and other digital music providers through the years is that Grooveshark was licensed. Not simply that, EMI stated in the suit that Grooveshark decided that should the offer be terminated, managers wouldn’t normally to seek protection from the safe harbor provision of the Digital Millennium Copyright Act.
“Grooveshark can’t produce the Safe Harbor,” EMI stated in its complaint, “due to the fact it particularly decided in the settlement agreement and distribution agreement that it wouldn’t allow or enable the exploitation of any EMI recordings except there was an EMI content agreement in position.”
The DMCA safe harbor protects Web providers from obligation for the copyright violations dedicated by their customers, offered they meet the requirements of the supply. Through the years, the labels are making all sorts of lawful claims in opposition to Grooveshark and the music program has constantly stated that it is DMCA compliant. Managers state they rapidly get rid of infringing works from their site when warned by copyright owners.