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Hip-Hop Streaming Platform Spinrilla Found Liable for Users’ Copyright Infringement

On Monday, U.S. District Judge Amy Totenberg granted summary judgment in favor of the RIAA on the issue of liability and rejected Spinrilla’s DMCA Safe Harbor defense. Totenberg notes that the 11th Circuit hasn’t yet considered whether direct copyright infringement must be willful, but finds “even if volitional conduct is required to prove direct infringement, the cases on which Plaintiffs rely have all held that the affirmative act of streaming constitutes direct infringement of the copyright holder’s exclusive right of performance regardless of the fact that the streaming occurs at the request of the user.” She continues, “Defendants have created an interactive internet player that streams copyrighted content directly from its website and mobile app. In doin...