EFF Says Content Storage Case Threatens 'Safe Harbor'

SAN FRANCISCO — The Electronic Frontier Foundation and other public interest groups have asked a federal judge to protect "safe harbor" rules for content in the cloud.

The groups' request comes in the form as an amicus, or friend-of-the-court, brief relative to EMI vs. MP3Tunes, where recording giant EMI has demanded that MP3Tunes reveal its users' content.

MP3tunes, the digital music locker service created by MP3.com founder Michael Robertson, has filed a motion for summary judgment in the copyright infringement suit.

MP3Tunes' Robertson noted that the case "has enormous ramifications for the Internet industry because all the major net companies offer services which store media files."

In the federal case filed at U.S. District Court in New York, EMI claims that MP3Tunes should be held responsible for infringing content stored in the lockers of some of its users.

But MP3Tunes contends that it is immune from liability because it does not engage in, encourage or benefit from copyright infringement and it quickly removes material identified in a copyright holder's complaint against its users, as required by the safe harbor provisions in the Digital Millennium Copyright Act.

MP3tunes also objects to EMI’s request because it would be both an invasion of users' personal storage and because it would create a huge technical and financial burden, with more than 300 terabytes of files in personal lockers.

The EFF, in its statement to the court, said the legal battle over Internet storage could impact and threaten the viability of both established and emerging computing technologies. It also would put a muzzle on free expression over the web.

"The DMCA safe harbors were designed to encourage the growth of new Internet innovations and expression by helping service providers manage their legal exposure, and they've been an extraordinary success," said Corynne McSherry, an EFF senior staff attorney.

"Without the safe harbor provisions, companies like YouTube, Facebook and many others could have been shut down before they got off the ground. That's not what Congress intended."

Other groups that also joined with the EFF in the amicus brief include Public Knowledge, the Consumer Electronics Association and the Home Recording Rights Coalition.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Show More