Published Feb 16, 2016Music streaming giant Spotify has responded to Camper Van Beethoven frontman David Lowery's $150 million copyright infringement lawsuit. Filed by the musician late last year, Lowery's lawsuit claims that the streaming service knowingly, willingly and unlawfully reproduces and distributes copyrighted work without proper mechanical licences, which allow for the reproduction of copyrighted material.
In two legal motions filed February 12 in California Federal Court, the streaming service provider has asked a judge to prevent the case from being treated as a class action suit, as well as for the case to be dismissed entirely.
One motion refers to Lowery's suit as "a fatally flawed candidate for class treatment," adding that "copyright claims are poor candidates for class-action treatment." Another motion sees Spotify ask Judge Beverly Reid O'Connell to dismiss the entire case or transfer it to a federal court in New York, arguing the company isn't subject to jurisdiction in California while also noting that Lowery is based in Georgia.
Pitchfork reports that Lowery's lawyer, Mona Hanna of law firm Michelman & Robinson, says Spotify's motions are "a standard defence manoeuvre to try to avoid dealing with the merits of the complaint and trying to see if they can get a dismissal on procedural grounds. We are very confident that this is just a delay tactic and we are going to get to the merits."
Stay tuned for more on the lawsuit proceedings as they unfold.