Jenner & Block

Firm Obtains Favorable Settlement for Recording Industry in EDonkey Suit

Jenner & Block recently worked with the Recording Industry Association of America to secure an important settlement with file-sharing company MetaMachine Inc. for allegedly inducing massive infringement of copyrighted works. MetaMachine maintains and controls a computer system and software marketed under the name "eDonkey," which allows users to locate, share and copy songs and other files.

As part of the terms of the consent judgment, MetaMachine is permanently enjoined from further infringement of the plaintiffs’ sound recordings, through eDonkey or any other computer network.

On September 13, the Firm had filed a complaint in a New York district court alleging that eDonkey’s software and services has resulted in the "viral" distribution of copyrighted works across the network.

The Firm argued that the eDonkey website was designed to "knowingly, willfully and intentionally" facilitate infringing activity, and that because the company chose not to stop the sharing of copyrighted material on its site, it was responsible for its users’ infringing acts. Moreover, eDonkey contributed to the copyright infringement by providing ongoing software and technical support to its users despite its "actual and constructive knowledge" of the illegal file-sharing, the Firm argued in its brief.

The Firm’s clients include Arista Records LLC, Atlantic Recording Corp., Capital Records Inc., Elektra Entertainment Group Inc., Sony BMG Music Entertainment and UMG Recordings Inc. The companies sought statutory damages of $150,000 for each individual work shared on the eDonkey website, as well as a preliminary and permanent injunction of further infringement.

The Jenner & Block legal team on this matter included Partners Steven B. Fabrizio and Katherine A. Fallow and Associate Duane Pozza.

The case is Arista Records LLC, et al. v. MetaMachine Inc., et al., No. 06-6991, S.D.N.Y.