this post was submitted on 14 Jun 2023
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Twitter Hit With $250 Million Copyright-Infringement Lawsuit From Music Publishers

https://variety.com/2023/music/news/twitter-250-million-copyright-infringement-lawsuit-music-publishers-1235644414/


The National Music Publishers Assn., acting on behalf of 17 major music publishers, is filing a federal copyright infringement lawsuit against Twitter for its failure to license and pay for the music widely available on its platform.

The complaint seeks more than $250 million in damages for hundreds of thousands of noticed infringements of approximately 1,700 works.

“Twitter fuels its business with countless infringing copies of musical compositions, violating Publishers’ and others’ exclusive rights under copyright law,” the complaint reads in part. “While numerous Twitter competitors recognize the need for proper licenses and agreements for the use of musical compositions on their platforms, Twitter does not, and instead breeds massive copyright infringement that harms music creators…

“Twitter knows perfectly well that neither it nor users of the Twitter platform have secured licenses for the rampant use of music being made on its platform as complained of herein,” it continues. “Nonetheless, in connection with its highly interactive platform, Twitter consistently and knowingly hosts and streams infringing copies of musical compositions, including ones uploaded by or streamed to Tennessee residents and including specific infringing material that Twitter knows is infringing. Twitter also routinely continues to provide specific known repeat infringers with use of the Twitter platform, which they use for more infringement. Twitter profits handsomely from its infringement of Publishers’ repertoires of musical compositions. …

“Twitter’s unlawful conduct has caused and continues to cause substantial and irreparable harm to Publishers, their songwriter clients, and the entire music ecosystem. Twitter’s unlawful conduct enriches Twitter at Publishers’ and their songwriters’ expense and to the detriment of their copyrighted musical compositions. Twitter has rebuffed calls for it to obtain the licenses or other agreements needed for musical compositions to be lawfully used on its platform.”

An email to Twitter’s press account requesting comment returned an autoreply with a poop emoji.

The plaintiffs include: Concord, UMPG, peermusic, ABKCO Music, Anthem Entertainment, Big Machine Music, BMG Rights Management, Hipgnosis Songs Group, Kobalt Music Publishing America, Mayimba Music, Reservoir Media Management, Sony Music Publishing, Spirit Music Group, The Royalty Network, Ultra Music Publishing, Warner Chappell Music, and Wixen Music Publishing.

The NMPA has aggressively filed or threatened similar legal action against companies in the past, including TikTok, Twitch, Peloton, Roblox and others, which usually result in an agreement or settlement in the publishers’ favor. Twitter has undergone multiple layoffs and policy changes since it was acquired by Elon Musk last year.

NMPA President & CEO David Israelite said, “Twitter stands alone as the largest social media platform that has completely refused to license the millions of songs on its service. Twitter knows full well that music is leaked, launched, and streamed by billions of people every day on its platform. No longer can it hide behind the DMCA and refuse to pay songwriters and music publishers.”

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[–] [email protected] 51 points 1 year ago (2 children)

If only there was a way they could both lose

[–] [email protected] 13 points 1 year ago (2 children)

I don't know who to root for / against here

[–] [email protected] 19 points 1 year ago (1 children)

Fuck twitter, but they have to win.

Rulings that hold platforms accountable for user-generated content completely fuck any free speech left on the internet. There are already mechanisms for them to get infringing content removed, and suing the platform isn't it.

[–] [email protected] 8 points 1 year ago (1 children)

Yeah, setting a precedent is the biggest danger here. If it's viable to sue Twitter, then it's viable to go after other social media. Including fediverse hosts.

[–] [email protected] 1 points 1 year ago

Unless the hosts are hosted in Moldova or Russia

[–] [email protected] 6 points 1 year ago (1 children)

I see the music industry as the "greater evil" here, but I think I'm rooting for both sides to spend a bunch of money (by normal person standards, it'll probably be a drop in the bucket for them) on legal fees before the inevitable settlement requiring Twitter to create a Content ID-esque system for videos.

[–] [email protected] 3 points 1 year ago

I see the music industry as the “greater evil” here

oh, gosh, I just don't know... I'm so ambivalent...

[–] [email protected] 3 points 1 year ago (1 children)

yes, but who do i want to lose more...

ugh, so torn...

[–] [email protected] 2 points 1 year ago

Unfortunately, you want to see Twitter win, because if the music dudes win, Twittwr won't be the last platform they attack, and you might actually like the next one.

[–] [email protected] 30 points 1 year ago (2 children)

cool so elon musk, one of the worst people in the world, going up against the organizations responsible for twitch streamers having to mute audio when licensed songs play in video games they're streaming.

so like 2 of the worst organizations in the world. i hope they both lose.

[–] [email protected] 8 points 1 year ago

May the Earth open up and swallow them both whole.

[–] [email protected] 1 points 1 year ago

Don't worry. No matter who wins, we still lose.

[–] [email protected] 27 points 1 year ago* (last edited 1 year ago)

Didn't realize there was a big piracy scene on Twitter. Time to go download some tunes. Thanks for bringing this to my attention, National Music Publishers Association?`

[–] [email protected] 22 points 1 year ago

I can’t decide who to root for here. They both suck, so I guess I’ll just enjoy the fact that they’re fighting and I don’t have to care at all.

[–] [email protected] 15 points 1 year ago* (last edited 1 year ago)

To me this is like watching a rat and a cockroach fight. You hate em both, and you want neither to win, but you just hope that the winner will be hurt really badly.

[–] [email protected] 13 points 1 year ago (2 children)

An email to Twitter’s press account requesting comment returned an autoreply with a poop emoji.

While hilarious, this simple statement in a legal filing does so much to underscore how insecure, weak and petty Musk (and probably all billionaires) really are.

Probably doesn't help their legal case at all, either!

[–] [email protected] 6 points 1 year ago

What happens if a judge send them an email and gets a poop emoji as answer? It’s kind of fascinating

[–] [email protected] 2 points 1 year ago

Yeah, I’m really tired of reading this line in every news article about Twitter I read. They should have quietly disabled that auto reply months ago so the line would become “Twitter did not respond for comment” like every other company with bad press. That’s going to look terrible to a judge.

[–] [email protected] 11 points 1 year ago (3 children)

How do DMCA takedown requests work on federated social media? Do instance runners bear responsibility of complying to requests?

[–] [email protected] 9 points 1 year ago

Does make for some concern. Unlike Musk/Twitter most federated instance wouldn't be able to fund a legal dispute or ignore warnings.

Upside being some instances will be hosted in more legally indifferent countries and the game of whack-a-mole as more instances pop up. It'll be closer to their attempts fighting piracy sites than other social media, I imagine.

[–] [email protected] 7 points 1 year ago

IANAL, but I did spend a few years handling DMCA/Trademark takedown requests for an IaaS provider.

The answer is 'Yeah, probably, but', in most cases. If your instance is actively sharing copyrighted media, say, a stolen photo, and you get a DMCA and you're in a jurisdiction where the DMCA applies (which is, of course, a US law and not some global copyright cartel) you probably are going to have to comply and remove the content.

If it's just a link to content, say an embedded youtube video, you likely don't need to comply since embedded content isn't hosted on your server and thus isn't something you can 'remove', but that's a situation where shit gets murkier.

TLDR; it's complicated but if the URL for the claimed infringing material is hosted by you and you get a notice you probably have to take action to remove the content in the URL.

[–] [email protected] 1 points 1 year ago

Yeah I'm guessing as the need for moderation of content grows as user activity on a server grows, server operators have the same growing responcibility for DMCA takedowns as well.

[–] [email protected] 7 points 1 year ago (2 children)

Apparently they can’t even be bothered to pay their rent so this is not a particular shock.

It’s hard to believe that so many things are going so sideways that we’re starting to root for the likes of Disney and the major record labels.

[–] [email protected] 2 points 1 year ago

They haven’t been paying for their cloud services to google either.

[–] [email protected] 1 points 1 year ago

Tbh I'm rooting for them all to burn together :p

[–] [email protected] 7 points 1 year ago (2 children)

So, I've never used Twitter... They had music? I thought it was just short text comments and the occasional picture?

[–] [email protected] 7 points 1 year ago (1 children)

I think this is in reference to the type of drama more associated with YouTube, wherein an audio or video clip posted substantially contains copyrighted material in a way not covered by fair use.

I haven't myself used Twitter since 2010 so I may be mistaken.

[–] [email protected] 3 points 1 year ago

Or it is covered by fair use and the music companies don't care and think they can assert their copyright anyways.

[–] [email protected] 3 points 1 year ago

You can upload videos and stuff which can have copyrighted sounds

[–] [email protected] 7 points 1 year ago (1 children)

The dildo of consequences rarely arrives lubed.

[–] [email protected] 5 points 1 year ago

If ever Lemmy adds Awards "The Dildo of Consequences" needs to be among the first wave.

[–] [email protected] 4 points 1 year ago

Cartels gonna cartel.

[–] [email protected] 4 points 1 year ago

I love this. Wanna see if any of them care enough to actually address it or if he fired the staff responsible for that too.

[–] [email protected] 3 points 1 year ago

Ha, fuck Elon.

So damn glad i changed my mind about buying a Tesla 3 series when they were first taking down payment for orders.

I hadn't realized what a kooky POS that is the Musk.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago)

Boy this isn't their year. Shocking with someone so brilliant at the helm. /s in case that was too subtle.

[–] [email protected] 2 points 1 year ago (2 children)

They can only do this is Twitter is ignoring DMCA takedown requests… that’s the whole point of the DMCA. I know Twitter is understaffed but surely they haven’t gotten rid of this system?

[–] [email protected] 7 points 1 year ago

Maybe that was replaced with the poop emoji auto-reply as well.

[–] [email protected] 6 points 1 year ago

Well they aren't paying rent in SF or Colorado, they aren't paying Google for hosting. It sounds like they are basically trying to get sued by everyone all at once.

[–] [email protected] 1 points 1 year ago
[–] [email protected] 1 points 1 year ago

Does this basically come down to "Twitter doesn't want to spend the compute to fingerprint media uploads?"

I know that's been a massive cost sink for YouTube with their Content ID technology, and I don't imagine Elbow is in a hurry to burn even more money at the moment.

[–] [email protected] 1 points 1 year ago

let them fight

[–] [email protected] 1 points 1 year ago (1 children)

I have no idea how Musk has managed to keep Twitter operational for so long, is he actually a genius? The answer is no. No he isn't.

[–] [email protected] 3 points 1 year ago

Shows how powerful inertia can be. Momentum keeps things shambling along even as critical parts fly off.

[–] [email protected] 1 points 1 year ago

I cannot believe this guy still has not rehired his press team and is still just using a poop emoji for all press emails.

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