Risk
1/13/2010
04:38 PM
50%
50%

Court Reinstates Music Antitrust Suit

The case accuses major record labels of price fixing in music downloads.

An appeals court on Wednesday reinstated a lawsuit that accused major record labels of price fixing. The suit had been previously dismissed by a federal judge.

The U.S. Second Circuit Court of Appeals decision to reinstate the antitrust case could affect millions who download music over the Internet.

Filed on behalf of people who download music over the Internet, the plaintiffs accused the record labels of violating federal antitrust laws in violation of the Sherman Antitrust Act. The defendants include Bertelsmann AG, EMI Group, Sony, Vivendi SA, and Warner Music Group, as well as some of their affiliated units.

"There was uncertainty in the law over the standards for pleading a price-fixing conspiracy," Christopher Lovell, a plaintiff's attorney, told the Reuters News service. "This decision goes a long way toward clarifying what the standard requires in a way that helps people who paid allegedly conspiratorial prices for digital music." Lovell is a partner at Lovell Steward Halebian LLP, which represents the plaintiffs.

Specifically, the plaintiffs charged that price-fixing had occurred after record label firms created joint ventures to distribute music over the Internet.

"We hold that plaintiffs-appellants' second consolidated amended complaint contains enough factual matter to suggest that an agreement was made," said U.S. Circuit Judge Robert Katzmann in the opinion, which returns the case to district court. The three-judge panel did not rule on the merits the case.

Comment  | 
Print  | 
More Insights
Register for Dark Reading Newsletters
White Papers
Cartoon
Latest Comment: nice one
Current Issue
Flash Poll
Video
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2015-0845
Published: 2015-04-17
Format string vulnerability in Movable Type Pro, Open Source, and Advanced before 5.2.13 and Pro and Advanced 6.0.x before 6.0.8 allows remote attackers to execute arbitrary code via vectors related to localization of templates.

CVE-2015-0967
Published: 2015-04-17
Multiple cross-site scripting (XSS) vulnerabilities in SearchBlox before 8.2 allow remote attackers to inject arbitrary web script or HTML via (1) the search field in plugin/index.html or (2) the title field in the Create Featured Result form in admin/main.jsp.

CVE-2015-0968
Published: 2015-04-17
Unrestricted file upload vulnerability in admin/uploadImage.html in SearchBlox before 8.2 allows remote attackers to execute arbitrary code by uploading a file with an executable extension and the image/jpeg content type, a different vulnerability than CVE-2013-3590.

CVE-2015-0969
Published: 2015-04-17
SearchBlox before 8.2 allows remote attackers to obtain sensitive information via a pretty=true action to the _cluster/health URI.

CVE-2015-0970
Published: 2015-04-17
Cross-site request forgery (CSRF) vulnerability in SearchBlox before 8.2 allows remote attackers to hijack the authentication of arbitrary users.

Dark Reading Radio
Archived Dark Reading Radio
Join security and risk expert John Pironti and Dark Reading Editor-in-Chief Tim Wilson for a live online discussion of the sea-changing shift in security strategy and the many ways it is affecting IT and business.