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By Mark Harris, About.com Guide to Digital Music

Judge Rules Against EMI in Battle with MP3Tunes

Friday October 3, 2008

The lawsuit that EMI personally served on the CEO of MP3Tunes, Michael Robertson, has been dismissed by a New York District Judge. William H. Pauley III ruled that EMI's lawsuit, detailing copyright infringement by the CEO, be dismissed and that the case against the actual company, MP3tunes, would proceed in the court.

Last November, EMI started proceedings against MP3Tunes for copyright infringement. Their objection was, and still is, the digital music lockers that it provides for its users to store music online. In Michael Robertson's blog he says, "Increasingly, media companies are suing CEOs of companies as individuals. This intimidation tactic has permeated cases involving Limewire, Multiply, isoHunt, Usenet.com and others. At MP3tunes, I had the same personal pressures, but decided to stand up to their threats and was, fortunately, successful. I believe consumers should have rights with their music libraries, and that this is a worthy cause to stand up for."

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