Showing posts with label Copyright Law. Show all posts
Showing posts with label Copyright Law. Show all posts

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. (Visit Robertson's blog to see how he 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

Wednesday, July 1, 2009

Michael Robertson Wins for the Craziest Digital Music Idea

Michael Robertson, always the wanna-be defender of the little guy (while stepping all over shareholders, former employees, vendors, customers, musicians, partners, copyright holders, etc.), asked in his latest blog for people to vote for the "Craziest Digital Music Ideas Ever."

Boy, he sure forget a whopper from his list:
My.MP3 - Michael Robertson's pet project which tanked MP3.com from a market cap in the billions to millions. MP3.com went public for over $25 per share, and ultimately sold for under $6 per share. (I'm not sure my dog could have done that poorly.) As usual with Robertson, many investors lost big and employees who held stock options were left underwater, and the artists and customers (who Robertson built MP3.com on the backs of) lost a once-promising website. Of course, Robertson made off big, even if most other shareholders didn't.
Why it was crazy: Because it blatantly violated copyright law, and handed MP3.com the largest judgment for copyright infringement in history. "The complex marvels of cyberspatial communication may create difficult legal issues; but not in this case. Defendant's (MP3.com) infringement of plaintiffs' copyrights is clear." ~ Judge Rakoff
When I get asked, "How do you start a small business?" I answer, "Buy a big one, let Michael Robertson run it, and wait awhile." Robertson never wanted to be known as a "one trick poney." I never understood that. What was his FIRST successful "pony?" Destroying MP3.com?
Kevin

Monday, March 9, 2009

Tips from Michael Robertson On Stealing Copyrighted Material

In his most recent Michael's Minute ("A Tivo for YouTube"), Michael Robertson has tips on how you can make sure and get copies of the illegally uploaded content from YouTube before it's taken down by the rightful copyright holder.

Robertson explains how "Sophisticated users have always been able to do this, but now for the first time it's point and click easy with a menu of choices next to the video that you can choose from." Gee, what a guy, helping make theft point and click easy.

Michael Robertson is ready to be your accomplice.

It seems to me that Robertson is making a career (all be it a not very successful one) out of helping you steal copyrighted material and then letting you pay him to store your stolen goods for you.

I don't think Robertson knows how to find a legit way to make money. Heck, he can't even seem to find an illegitimate way.

Kevin

Wednesday, January 28, 2009

Michael Robertson Continues to Embrace Censorship on the Web

As many of you know, Michael Robertson is suing me for my freespire.com website, which is critical of Robertson for his treatment of employees and shareholders. (Linspire didn't even have a trademark application pending for the term "Freespire" when I started using freespire.com, and the freespire.com domain name was even offered to Linspire before I started using it, so it's pretty obvious to me that his legal bullying is a silly attempt to stifle my freedom of speech.)

Tonight, Michael Robertson broke a new record for censorship on his blog at michaelrobertson.com. Robertson was once again trying to justify making copies of music files and storing them in lockers without authorization (the same thing he did that tanked MP3.com). I made a legitimate post to his forum and my post was censored in less than three minutes! Wow, they're fast with the censorship button over there. =) Instead of rebutting my post, or responding to it, Robertson just has it censored. Nice!

Here is a copy of my post, for those of you who blinked and missed it before it was censored. (Click on the image to enlarge it.) You'll see from the "PS" in my post I was even expecting to be censored, knowing how much Robertson dislikes contrasting points of view.


Click on above image to view my censored post at michaelrobertson.com.

Here is the link that was in my post if you want to check it out: http://www.sideload.com/cb/search/?keywords=the+beatles&pg=1

It appears censorship remains alive and well not just in China, but at MichaelRobertson.com.

Michael is welcome to post to my blog's forum anytime without fear of censorship. In fact, the Linspire shareholders would love to hear from him and what happened with Linspire's cash and assets.

Long live Freedom of Speech!

Kevin