Monday, October 19, 2009

Michael Robertson Throws MP3tunes Customers Under The Bus As He Loses His SECOND Court Case This Week

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Michael Robertson isn't having a very good week.

After losing a motion for Summary Judgment earlier this week to try and see the Freespire.com website taken down, today Robertson was dealt a crushing blow. Judge William Pauley ruled that Michael Robertson can be rejoined as a defendant in the copyright infringement case against Robertson and his company MP3tunes. This means if the dozen plus record companies and publishing concerns who are suing Robertson for copyright infringement win, Robertson could be found personally liable. (Read here how Robertson prematurely claimed victory in this matter, only to have that earlier ruling reversed today.) Given the statutory damages in copyright infringement cases, this could be in the billions of dollars (as Robertson should know all too well, given his historical loss at MP3.com for copyright infringement). You can read the full ruling here.

But don't worry, Robertson has a defense. He's blaming the MP3tunes customers. THEY are the REAL copyright infringers, not him.

Michael Robertson throws MP3tunes customers under
the bus to defend himself against copyright infringement.

I have watched Robertson try to blame his employees for any copyright misdeeds at MP3tunes. Apparently he now has a new strategy, and Michael Robertson who likes to pretend to be the champion of consumer rights, is throwing MP3tunes customers under the bus as a way to defend himself from the alleged copyright infringement. From the ruling:

"MP3tunes argues that the Amended Complaint fails to allege any direct infringement by MP3tunes--that is, any volitional conduct by MP3tunes. Rather, the Amended Complaint establishes that MP3tunes' customers are the ones engaged in volitional acts of infringement."

In other words, "Hey, I didn't violate any copyright laws, MY CUSTOMERS DID!" Yikes!

Why would anyone want to be a customer of MP3tunes, given Robertson's position in this case? Do you really want to join a website, and if that site is sued for copyright violations, they then BLAME YOU for the infringement? The complaint goes on to say, "The person who actually presses the button to make the recoding supplies the necessary element of volition, not the person who manufactures, maintains, or, if distinct from the operator, owns the machine."

So Robertson creates a website, and because of how the site copies and stores files, YOU, an innocent, unsuspecting MP3tunes customer, could be blamed for any copyright infringement, simply for having used that site, because YOU "pushed the button." So much for Robertson defending his customers. I watched Robertson toss minority shareholders out of the way as he scrambled for a life raft as he sank Linspire. Now, he's tossing MP3tunes customers under the bus to defend his personal net worth. Not cool, but classic Robertson.

I would recommend to all my friends, family and associates to not be "pushing any buttons" at MP3tunes. If you do, Robertson will point the finger at you.

Kevin

1 comment:

Larry P. said...

Kevin,

I can't see a judge or jury NOT seeing through MR's transparent tactics of blaming customers for something that is his fault. Simple rubbish.

This reminds me of a scene from the movie, 'Jaws.' The scene where the two boys have the cardboard shark fin with all of the guns pointed at them. One boy points to the other stating, "He made me do it."

That seems to be MR's tactic. Someone ELSE made him do it, even though he's in charge. However, the web site is his and the actions that transpire there are at his direction.

Who the heck is he trying to kid?

When one of my children starts the blame-game, I know they're guilty of what they've been caught doing. MR just seems to be behaving as a small boy who was caught doing something he shouldn't have been doing.

Its funny, though, the way it unfolds.