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Bluebeat.com as of late Thursday still showed five Beatles albums, down from the entire catalog it had offered earlier in the week in its online store. The site still listed three Capitol collections and two others with material from the band’s pre-fame days, but none of the tracks were accessible for downloading.
Lawyers for Bluebeat.com argued in papers filed in U.S. Central District Court in Los Angeles that the company’s website “markets and sells an entirely different sound recording than that copyrighted by Plaintiffs.” It does not specify what distinguishes its downloads from the authorized Beatles recordings.
US District Court Judge John Walter has ordered the internet site Bluebeat.com to remove the Beatles songs that they were selling for 25 cents on their site. Bluebeat had argued that they owned the copyrights to what they were selling as they had re-recorded them as “audio visual performances with related sounds.”
The judge issued a restraining order barring the site from any further streaming or selling of the songs and stated that he believed EMI would most likely win in a lawsuit against Bluebeat.
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