Dark Reading is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Risk

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.

 

Recommended Reading:

Comment  | 
Print  | 
More Insights
Comments
Newest First  |  Oldest First  |  Threaded View
COVID-19: Latest Security News & Commentary
Dark Reading Staff 7/6/2020
Russian Cyber Gang 'Cosmic Lynx' Focuses on Email Fraud
Kelly Sheridan, Staff Editor, Dark Reading,  7/7/2020
Lessons from COVID-19 Cyberattacks: Where Do We Go Next?
Derek Manky, Chief of Security Insights and Global Threat Alliances, FortiGuard Labs,  7/2/2020
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
Special Report: Computing's New Normal, a Dark Reading Perspective
This special report examines how IT security organizations have adapted to the "new normal" of computing and what the long-term effects will be. Read it and get a unique set of perspectives on issues ranging from new threats & vulnerabilities as a result of remote working to how enterprise security strategy will be affected long term.
Flash Poll
The Threat from the Internetand What Your Organization Can Do About It
The Threat from the Internetand What Your Organization Can Do About It
This report describes some of the latest attacks and threats emanating from the Internet, as well as advice and tips on how your organization can mitigate those threats before they affect your business. Download it today!
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2020-3931
PUBLISHED: 2020-07-08
Buffer overflow exists in Geovision Door Access Control device family, an unauthenticated remote attacker can execute arbitrary command.
CVE-2020-15600
PUBLISHED: 2020-07-07
An issue was discovered in CMSUno before 1.6.1. uno.php allows CSRF to change the admin password.
CVE-2020-15599
PUBLISHED: 2020-07-07
Victor CMS through 2019-02-28 allows XSS via the register.php user_firstname or user_lastname field.
CVE-2020-8916
PUBLISHED: 2020-07-07
A memory leak in Openthread's wpantund versions up to commit 0e5d1601febb869f583e944785e5685c6c747be7, when used in an environment where wpanctl is directly interfacing with the control driver (eg: debug environments) can allow an attacker to crash the service (DoS). We recommend updating, or to res...
CVE-2020-12821
PUBLISHED: 2020-07-07
Gossipsub 1.0 does not properly resist invalid message spam, such as an eclipse attack or a sybil attack.