Warner Music Group Sues SeeqPod in "Safe Harbor" Test

Here we go again. Warner Music Group has sued SeeqPod (which, personally, I'm surprised hasn't been sued by Apple already since they use the "evil word" pod). SeeqPod is a (really cool, IMHO) music search engine that allows you to search the Internet for music, turn the tracks it finds into audio streams and playlists, and listen to them in a browser.

Much like The Pirate Bay which, fortunately for it, resides in relatively piracy-friendly Sweden, SeeqPod has relied on the DMCA "safe harbor" provision. Basically, it does not host any copyrighted files, so it has felt itself safe, much like a major search engine, such as Google, is protected when it links to illegal information or content.

Strictly speaking, in terms of the DMCA, the "safe harbor provision" is meant to protect online service providers (OSPs) "from liability for information posted or transmitted by subscribers if they quickly remove or disable access to material identified in a copyright holder's complaint."

Basically, rather than being sued, SeeqPod should be served with an order to remove the content.

Of course, take a look at the site, and search for, say "Eric Clapton" and you'll see how many results (immediately playable, as well, right?) show up. Small wonder Warner Music Group is upset.

While "safe harbor" was created by Congress to protect general search engines, specialized search enginers have become too effective for their own good. As the EFF says in their statement on this lawsuit:

But now, as search engines become more specialized and capable, certain copyright owners have become increasingly dissatisfied with the notice-and-takedown bargain struck in the DMCA. That's what these lawsuits are really about -- the defendants are complying with the letter of the law, but copyright owners are now trying to change the rules in court.

It's always the same: as technology advances so must law advance to keep up with it. In business since May 2007, SeeqPod charges both direct and secondary copyright infringement and seeks penalties of up to $150,000 per song.

You can read Warner Music Group's complaint (.PDF) - 57 pages, half of which, Appendix A, is a list of copyrighted material - here.