Monday, December 13, 2010 11: 48 pm EST
NEW YORK (Hollywood Reporter) - a federal judge ruled on the summary judgment BlueBeat.com is responsible for the violation of copyright in thousands of songs. In the decision, the judge had refuted away of defences by a stranger to the violation of sound recordings.
Last year, BlueBeat made headlines for sale for 25 cents and continuously tracks the songs for free. Specifically, the company was one of the only places at the time provided for the sale of digital tracks of Beatles - and the only the United States-based company that claims to be legally.
Record labels established legal theories of BlueBeat to the test in a lawsuit filed in November 2009.
Hank Risan, CEO of BlueBeat, said in an interview the company's unique copies of each recording, then analyzed the destroyed copies before creating a new simulation based on sounds parametrics.
BlueBeat, the regime was protected by a section in copyright extending rights of copyright owners of "manufacturing or duplication of another registration is completely independent of other sounds, fixation even if these sounds imitate or simulate those protected sound recordings.
He has been dubbed "psycho-acoustic simulation" defence
Labels responded that the language of the Act concerned only to their rights, has not allowed re-register records in an attempt to circumvent copyright liability business.
Decision Thursday, Josephine Staton Tucker judge agrees: "" BlueBeat fails to provide evidence showing how or why its alleged simulations are something other than illicit copies of protected records,"she says."
The judge said that BlueBeat did not provide evidence that he had obtained a license with valid copies were used only by BlueBeat and copies have been destroyed.
Instead of this, Tucker judge rules that "the obscure Risan and pseudo-scientific undefined language seems to be a long way to describe"sampling,""i.e. copies and fails to provide concrete proof of the independent creation.""
Having rejected BlueBeat arguments that his "simulations" of original, independent - works, also rejected a defence that record labels do not have standing to make requests for records of pre-1972 - judge grants partial companies disk summary judgment motion.
Despite an appeal, the case moves now to determine what BlueBeat damage should pay for labels.
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