Digital music locker providers do not infringe copyright

Google and Amazon unveiled music lockers similar to MP3Tunes.com before this year, allowing listeners to upload music from their computer to the internet for playback on smartphones and other devices.

Michael Robertson, the founder of MP3Tunes.com, said: "We're pleased that the court upheld our fundamental business model and, more broadly, unlicensed cloud music. This is great news for those that are emulating our personal music service like Amazon and Google and those involved in lawsuits like Grooveshark."

Tim Bamford, intellectual property partner at Withers law firm, said: "Judging by appearances, it does fall in favour of Amazon and Google as it justifies [the MP3Tunes] basic business model. Subject to the appeals process the judgment is a green light for others to jump on the same bandwagon."

He added: "Together, we're disappointed that the court found that MP3tunes was entitled to a safe harbour for some of its conduct pursuant to this agreement the DMCA. EMI believes that companies like MP3tunes, which knowingly build a business based on stolen music, should not be entitled to any DMCA safe harbour defence.

Calow said it was unclear whether the internet giants would have the same protection pursuant to this agreement European law as in the US. He added, but, that rights holders could be forced to support cloud-based services if they want the protection of the law. "European law will continue to support copyright but together [legislators] need to see steps from rights holders to embrace new services," he said.

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