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Wednesday, March 6, 2024

Elon Musk's X Off The Hook on Most Copyright Violations


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.

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' Facebook, Google's YouTube and ByteDance's TikTok that properly license music.

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.

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