Elon Musk's X has successfully avoided most of the lawsuit over copyrighted songs

Mar 7, 2024 - 03:48
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Elon Musk's X has successfully avoided most of the lawsuit over copyrighted songs

X, the social media platform owned by Elon Musk, has successfully had most of a lawsuit dismissed by 17 music publishers accusing it of copyright infringement. U.S. District Judge Aleta Trauger ruled in favor of X, stating that the publishers could not pursue a theory of "comprehensive general liability for infringement."

Judge Aleta Trauger dismissed two infringement claims and a third claim for "contributory" infringement, except for allegations that X failed to adequately police "verified" users and serial infringers, and did not promptly respond to takedown notices.

Lawyers for the publishers did not immediately respond to requests for comment, and Alex Spiro, a lawyer for X, declined to comment.

The publishers claimed the issue worsened since Musk acquired Twitter. However, in a 21-page decision, Judge Trauger ruled that X was not liable for direct infringement, noting the difference in federal copyright law between active participants in infringement and platforms like X, which merely provide a platform for it. She also stated that X was not liable for "vicarious" infringement, stating that it was not obligated to police how posts were drafted or to obtain copyright permission in advance.

"X Corp undoubtedly had some power over X/Twitter's users—the way that a company that provides a valued service always has power over the customers who rely on it—but that does not turn customers into even loose equivalents of agents or subordinates," Trauger wrote.

It's worth noting that music publishers represent copyrights for songwriters, not for the songs themselves.The case is Concord Music Group Inc et al v X Corp, U.S. District Court, Middle District of Tennessee, No. 23-00606.

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