Music Publishers Move to Dismiss X’s Antitrust Suit

Music publishers, led by the National Music Publishers’ Association (NMPA), are pushing to have X’s antitrust lawsuit thrown out, arguing it lacks evidence and contains multiple “fatal flaws.”

Catch-up:

• In 2023, Sony Music Publishing, Universal Music Publishing Group and Warner Chappell Music were among a group of publishers that sued X (then called Twitter) alleging copyright infringement.

• After promising settlement talks, in January this year X launched an antitrust countersuit, accusing the publishers of collusion and pressure tactics designed to force the platform toward expensive, industrywide licensing agreements, as opposed to individual deals.

• It also accused them of weaponizing DMCA (Digital Millennium Copyright Act) takedown notices for leverage.

Key arguments:

• As per Digital Music News, the publishers say X hasn’t shown a single example of being denied an individual license and, in some cases, negotiations with the major publishers were ongoing rather than blocked.

• They add that X hasn’t demonstrated “antitrust injury,” meaning it cannot prove real competitive harm.

• They say DMCA notices are routine, legally protected copyright enforcement, not anti-competitive conduct.

• The publishers point to the March dismissal of a separate X antitrust case against advertisers accused of illegally boycotting the platform as a comparable outcome.

• They also reject monopoly and conspiracy claims, arguing X can’t prove that any publisher holds sufficient market power or engaged in a coordinated refusal to deal.

• As a result, they argue X’s lawsuit should be dismissed with prejudice.

Ongoing case:

• Following the Supreme Court’s Cox Communications v. Sony Music ruling in early April, the publishers and X agreed to pause their ongoing copyright infringement battle.