Congrats, Recording Industry: You May Now Have Killed Seeqpod Too

from the shut-'em-down dept

The record labels' animosity towards Seeqpod has never made much sense. Seeqpod is a basic search engine that seeks out music files online. Some of these files are, undoubtedly, unauthorized copies, but Seeqpod has always been focused on streaming the music rather than letting you download the tracks. Seeqpod, itself, has no way of knowing whether the tracks are illegal or not, just as a search on Google using "filetype:mp3" doesn't distinguish between illegal and legal files. Yet, of course, the major record labels have decided that there can be no innovation without the record labels owning a piece of it, and so both Warner Music and EMI (two labels, by the way that have been the loudest in insisting that they've changed and are no longer anti-innovation) sued Seeqpod for daring to run a search engine.

And, now, thanks to mounting legal bills, the company has filed for Chapter 11 bankruptcy protection, and is cutting off some developers who were using its API. It seems like yet another example of the major record labels stamping out innovation through lawsuits. Of course, others will rise in their place (most likely in foreign countries where it's harder for the labels to sue). But, it's pretty sad that the labels have been so successful in using questionable lawsuits to make sure that no one can innovate without their stamp of approval.

Filed Under: bankruptcy, innovation, lawsuits, music
Companies: emi, seeqpod, warner music

Congrats EMI! You've Killed Some Innovation

from the nice-work dept

Remember how EMI insisted it was going in a new direction that wouldn't be anti-technology and anti-fan? The company even hired some well-respected Silicon Valley techies for street cred. And then... it just kept on suing any and every innovation that came, often making it personal. Last month we wrote about yet another such lawsuit that had numerous troubling implication. The lawsuit targeted a developer of a service, Swurl, who just used an API for another service, Seeqpod, that was being sued. It's quite troublesome to claim that one company is liable for simply using an API of another company who, itself, is probably not doing anything infringing. But, EMI is a big company with lots of money (though, it's dwindling) and the developer it sued, Ryan Sit, was just a guy working on a fun project -- so, he's now pulled down the project. So, congrats, EMI for killing an innovative service. Great way to show how you're "different" and how much you "get" Silicon Valley. If I were Doug Merrill or Corey Ondrejka -- EMI's two big digital gurus -- I'd be ashamed to be employed by such a company. You're helping to stomp out innovation rather than enable it.

Filed Under: cory ondrejka, doug merrill, innovation
Companies: emi, seeqpod, swurl

EMI Continues Suing Innovators And Their Investors

from the someone-smack-them-down dept

Warner Music has led the way for the big record labels to combat any innovation: it tends to sue every new startup that does anything remotely innovative with music, and as part of any "settlement" demands they either shut down or give a big equity stake to Warner Music. It's extortion by lawsuit -- and it's designed to prevent any sort of innovation. However, it looks like EMI is quickly following suit. Despite its new (non record industry) owners who declared that it was time for EMI to take a new approach to the industry, and even hiring some tech industry hotshots, the company just can't stop suing small innovative startups. It's sued MP3Tunes for letting people store and listen to their own, legally purchased music. It's sued Hi5 and VideoEgg for having user-uploaded videos that include music -- despite the DMCA's safe harbors that remove liability from them.

Even worse, however, is EMI's habit of trying to drag other parties into the lawsuit. For example, in the MP3Tunes lawsuit, beyond suing just the company, EMI sued founder Michael Robertson personally. The latest case is another example of that. EMI has sued both Seeqpod and Favtape. EMI is a bit behind Warner Music on this one. Warner sued Seeqpod last year. Favtape is similar to a number of other rather useful online services for creating playlists. It actually uses Seeqpod as its main search engine. Seeqpod is merely a search engine for music, looking across a variety of public sources for music. It doesn't host any of its own music, and has no way of knowing whether or not the music it finds is authorized or not. It's quite difficult to see how Seeqpod is doing anything illegal at all, and since Favtape is simply built on top of that, using Seeqpod's APIs, it's even less obvious how Favtape is doing anything wrong. In fact, this raises some very troubling legal issues: if you use someone's APIs, are you legally liable for the actions of the company powering the underlying service? That would create a massive chilling effect on innovation if true.

But, of course, EMI is making the situation even worse. Rather than just suing the companies, it's also suing investors and the founders personally. This isn't just highly unusual, it's a clear attempt to pressure these companies into settling, as no matter how legitimate your stance is, it's quite a scary thing to be sued personally, and potentially have personal assets at risk. Suing the founders personally is legal bullying. It's a clear abuse of the legal system to try to force a settlement, rather than an actual attempt to raise a legal issue.

Suing the investors is equally as ridiculous -- and is a clear attempt to try to get those investors to push the companies to settle. This tactic has been used in the past a few times by the big record labels, initially with Universal Music's attempt to sue Napster's investors. Most recently, Universal Music tried to do the same thing with Veoh, but a court slapped them down. Hopefully, the investors in question will point this ruling out to the court in question in asking for a quick dismissal. Furthermore, hopefully a judge will sanction EMI for abusing the legal process to bully these companies and individuals.

Filed Under: innovation, investors, lawsuits, music
Companies: emi, favtape, seeqpod

Warner Music Sues Seeqpod: How Dare It Help People Find Stuff Warner Wishes Didn't Exist

from the suing-a-search-engine dept

A few months ago, Edgar Bronfman Jr., boss of Warner Music, made a bunch of headlines for supposedly "admitting" that the recording industry had taken the wrong strategy and had "inadvertently gone to war" with customers. That was a pretty big lie. That's because it wasn't inadvertent at all. Bronfman Jr., himself, had announced that he was going to send an army of lawyers after file sharing services and users way back in 2000, kicking off the war, while he was the head of Universal.

As if to highlight the fact that his "conversion" was nothing more than a PR tactic, Warner Music has continued where it left off: suing companies that aren't actually doing anything wrong. The latest is a lawsuit against Seeqpod, the rather popular music search engine/playlist maker. Seeqpod doesn't host any infringing materials. It's really just a search engine that finds music that's available elsewhere, and creates a playlist out of it. Warner is claiming that it's a violation of the DMCA. As the EFF notes, this seems like exactly the sort of situation that the DMCA's safe harbors were supposed to cover -- but it's become clear that the recording industry no longer believes those safe harbors should exist. If this case moves forward, it will be an important one, but given how expensive it would be, don't be surprised if Seeqpod gives in and decides to settle.

Filed Under: dmca, music, search engines
Companies: seeqpod, warner music