The mixtape sharing platform, Spinrilla, is requesting that a copyright infringement lawsuit that has been filed by the Recording Industry of America (RIAA) be dismissed. The request comes from allegations that major record companies have failed to hand over key data that relates to the allegedly infringing tracks on the platform.
Spinrilla is claiming that by not having the data its ability to mount a defence has been “severely prejudiced”.
The action began back in February when the RIAA filed the lawsuit for allegations of copyright infringement. The mixtape sharing platform initially defended the claim on the basis that it utilises rights management technology that was recommended by the record industry and that the platform would be protected by safe harbour provisions.
Last week new papers were filed, in which Spinrilla claimed that the record labels had not immediately handed over data that contained the details as to the alleged infringements. It was stated that URLs for the infringement were not provided, only the song titles were. It was later apparent that the RIAA did have the information but did not hand it over.
The filing reads, “According to plaintiffs, the data in the RIAA spreadsheets evidences copyright infringement. Surely those Excel spreadsheets were ‘reasonably accessible’ to plaintiffs in April 2017” and “Therefore, those spreadsheets should have been provided to defendants when plaintiffs’ served their initial disclosures on defendants on 14 April”.
Whilst the above may not seem to carry much weight, Spinrilla has explained that “The difference between these two scenarios … is drastic. Plaintiffs benefitted dearly by having defendants waste their time searching rather than analysing, since that leaves defendants less informed and less prepared. Had the full data been provided to Spinrilla from the start … defendants could have spent its time and resources on other issues”.
Spinrilla goes on “Because the RIAA data and spreadsheets were hidden, defendants are simply too far behind where they should be for this to be a level playing field”. Also, “hiding and lying to the court about the RIAA data and spreadsheets is the worst of plaintiffs’ conduct, but there is plenty more” and “It is without exaggeration to say that by hiding the RIAA spreadsheets and that underlying data, defendants have been severely prejudiced. The complaint should be dismissed with prejudice and, if it is, plaintiffs can only blame themselves”.
Time will only tell if Spinrilla will be successful in having the claim thrown out, my money is not on the claim being thrown out but Spinrilla being granted an extension of time to put it back in the position that it allegedly should have been.
