Interesting case below reported by THR. Esq. For non-lawyers, the wikipedia definition of “Summary Judgment” is easy to understand just in case you were wondering what it means.
“A federal judge has ruled on summary judgment that BlueBeat.com is liable for violating copyrights in thousands of songs. In making the decision, the judge had swatted away one of the stranger defenses to infringement of sound recordings.
Last year, BlueBeat made headlines for selling tracks for 25 cents and streaming songs for free. Most notably, the company was one of the only venues at the time that offered for sale digital tracks from The Beatles — and the only U.S.-based company that claimed to do so legally.
Record labels put BlueBeat’s legal theories to the test in a lawsuit filed in November 2009.
Hank Risan, CEO of BlueBeat, said in an interview that the company made single copies of each sound recording, then analyzed them and destroyed the copies before creating a new simulation based on parametrics of sound.
According to BlueBeat, the scheme was protected by 17 U.S.C. § 114(b), which doesn’t extend rights of copyright owners to “the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording. . .” THR, Esq.