Blues Destiny Records argues that Rapidshare allows users to illegally download copies of copyrighted music, and that Google and Microsoft profit from it by allowing links to it to appear in their search engine results.
Blues Destiny Records, a small blues music-oriented record label, has filed suit in a North Florida District Court accusing Google and Microsoft of facilitating and contributing to the copyright infringement of their works for allowing links to Rapidshare to appear prominently in their search results.
“Defendants facilitated, materially contributed to, and caused infringement of Plaintiff’s copyrighted Recordings for Defendant’s financial benefit by knowingly and systematically directing Internet users, via search results generated by their respective search engines, to the illegal and infringing copies of Plaintiff’s Recordings on Rapidshare.com and similar websites, without authorization from Plaintiff,” reads the suit.
The record label claims that they sent DMCA notices to both Google and Microsoft asking that they remove, block, and filter links to their copyrighted works and that both failed to do so.
By allowing the links to appear in their search results they “thus intentionally contribute a gateway for Internet users to directly infringe” their material.
But, what Blues Record Labels fails to understand is that Google and Microsoft don’t link to copyrighted material directly, but rather link to a link on Rapidshare, meaning that Rapidshare is the one it really needs to target.
Better yet, how about targeting the real culprits – blues fan who insist on uploading and downloading music for free.
Stay tuned.
jared@zeroapid.com
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http://claranet.scu.edu/eres/download.aspx?docID=49088&shortName=bluesdestinyvgooglecomplaint.pdf
lets hope this works and is not blocked by their anti hotlinking script
Brilliant. Suing someone who links to a site who links to a Rapidshare site which links to the file. It’s like suing someone who knew someone who owned a bong pipe that might have been used illegally. It’s stupid.
welcome to the 21st century, blues destiny.
“good luck”
GooglOwend
Hmm…Microsoft has already stopped the linking…hmmm…wondering why that could have happen?
I suggest everyone send them an email letting them know how stupid they are. I mean really how many people are downloading stuff from this tiny label
I wonder how they dare: Trying to protect their investment, their property! Man, how evil people can be.
Instead of givin it away free, so that a bunch of nerds can have it its way…
Microsoft has already taken down the link, bet Google will seek a settlement. They do have a strong case.
Hope they take on Rapidshare next. It’s incredible they can earn zillions exploiting other people’s property without ending in jail.
I can understand their point but it’s a bit like suing a van manufacturer because the van was used to rob a bank!
Imagine this… an internet where you can no longer host files anywhere because nobody can offer you that service because someone might upload something illegal.
From what I’ve seen, Rapidshare and others are doing all they can to delete things they think are copy-written.
I think that everyone should forget about blues music it’s so 20th century!