A federal judge has partially dismissed the National Music Publishers' Association's (NMPA) copyright infringement lawsuit against Twitter/X, while allowing some contributory infringement claims to proceed.

Judge Aleta Trauger dismissed the direct infringement claim, ruling that Twitter/X's conduct doesn't fall within the Copyright Act's "transmit clause." The court determined that Twitter/X functions more like a telephone company providing communication mechanisms rather than a cable company actively selecting material.

Key aspects of the ruling:

• Direct infringement claim: Completely dismissed
• Contributory infringement: Partially proceeds, specifically regarding:
  • Allowing verified accounts to receive preferential treatment under anti-infringement policies
  • Delayed handling of takedown notices
  • Inadequate action against repeat infringers
• Vicarious infringement claim: Dismissed, though related evidence can support the contributory infringement claim

The court rejected portions of the contributory infringement claim related to Twitter/X's general platform practices, noting that many challenged features were standard across the platform and not specifically designed for infringement.

The NMPA expressed satisfaction with the decision, stating they look forward to "securing just compensation for songwriters and music publishers whose work is being stolen."

The case continues under docket number 3:23-cv-00606, focusing on the remaining contributory infringement claims.

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