March 5 (Reuters) - X, the social media platform owned
by Elon Musk, on Tuesday won the dismissal of most of a lawsuit
by 17 music publishers that accused it of infringing copyrights
on nearly 1,700 songs by letting people post music online
without permission.
U.S. District Judge Aleta Trauger in Nashville, Tennessee
said the publishers could not pursue a theory of "comprehensive
general liability for infringement" against X, which Musk bought
for $44 billion in Oct. 2022.
She dismissed two infringement claims, and dismissed a third
claim for "contributory" infringement except for accusations
that X did not properly police "verified" users and serial
infringers, and failed to act on takedown notices fast enough.
Lawyers for the publishers did not immediately respond to
requests for comment. Alex Spiro, a lawyer for X, declined to
comment.
Sony Music, Universal Music and other
members of the National Music Publishers' Association trade
group had sued X last June, seeking more than $250 million of
damages.
They accused X of routinely ignoring and encouraging
copyright infringement, giving it a leg up on platforms such as
Meta Platforms' ( META ) Facebook, Google's YouTube
and ByteDance's TikTok that properly license music.
The publishers also said the problem had gotten worse since
Musk bought Twitter.
But in a 21-page decision, Trauger said X was not liable for
direct infringement, reflecting the distinction in federal
copyright law between active participants in infringement, and
parties such as X that merely provide a platform for it.
She also said X was not liable for "vicarious" infringement,
saying it was not responsible to police how posts were drafted
or obtain copyright permission in advance.
"X Corp undoubtedly had some power over X/Twitter's users
-the way that a company that provides a valued service always
has power over the customers who rely on it - but that does not
turn customers into even loose equivalents of agents or
subordinates," Trauger wrote.
Music publishers represent copyrights for songwriters, not
for songs themselves.
The case is Concord Music Group Inc et al v X Corp, U.S.
District Court, Middle District of Tennessee, No. 23-00606.