Mixtape app Spinrilla is suing the Recording Association Industry of America (RIAA) for continuously sending improper DMCA notices.
According to the mixtape company, RIAA is relying on text searches to determine if they are infringing copyrighted materials.
Spinrilla says that RIAA is sending DMCA takedown notices that wrongly suggest that audio files that were uploaded by site’s users infringe on sound recordings owned by members of RIAA.
The company adds that these false notices are a waste of their time and harm innocent users whose accounts may be terminated with no false reasons.
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To prevent copyright infringement, Spinrilla has implemented various measures that prevent piracy of sound recordings. These policies include vetting users before they can upload anything to the site. Uploads are also scanned using Audible Magic’s content recognition service for possible copyright infringement. Additionally, offenders are suspended from the site after committing two copyright infringement violations.
Spinrilla points out that text-based searching is unable to distinguish legal from unauthorized content. It’s demanding RIAA to stop relying solely on text searches to determine if uploaded materials infringe any copyright.
RIAA says that it is not relying on text searches anymore. The group said that sound recordings were scrutinized by “human ears.”
Unfortunately, the false notices continue, as attested by Spinrilla.
Spinrilla believes that RIAA is knowingly misrepresenting that audio files are copyright-infringing. This, according to Spinrilla, violates the DMCA.
The mixtape site is hoping that the lawsuit they filed would get them an injunction that would prevent RIAA from “knowingly” sending false takedown notices.
The company is also asking for compensation for the damage that those notices have done to the site.
Spinrilla says that RIAA’s wrongful acts have caused and continues to cause damage to the company. Those damages can’t be computed and if the court does not stop RIAA from sending false notices, it will create irreparable damage to the mixtape site.
YouTube too has also recently started suing companies that continuously abuse the DMCA and send wrongful DMCA takedown notices.
Read the filing here.