The legal battle between X Corp. and the music industry has just escalated from a straightforward copyright lawsuit into a full-blown antitrust war.

The dispute started in 2023, with various music publishers accusing X of ‘breeding’ mass copyright infringement, and appeared to steer toward a settlement last summer.

X Sues Music Publishers

That settlement never came. Instead, the legal battle motivated X to gather sufficient evidence for a counterstrike, where many key industry companies and music publishers are accused of a conspiracy to weaponize the DMCA.

In a scathing 53-page complaint filed in the Northern District of Texas today, X Corp. is suing the National Music Publishers’ Association ( NMPA ) and a coalition of major music publishers, including Sony, Universal, and Warner Chappell, for alleged violations of the Sherman Antitrust Act.

The lawsuit essentially argues that the NMPA didn’t send thousands of DMCA takedown notices to protect artist rights. Instead, X claims the notices were used as an “extortionate campaign” to motivate X into paying “supracompetitive” licensing fees.

“As part of this conspiracy, Defendants weaponized the Digital Millennium Copyright Act (the “DMCA”) against X, using the DMCA as a pretext for their extortionate campaign,” the complaint reads.

Weaponize the DMCA

The core of X’s argument is that the NMPA and many its members allegedly agreed not to make individual deals with the platform. Instead of negotiating separate licenses, X alleges the industry colluded to get a much better price.

According to the complaint, NMPA President David Israelite emailed X in October 2021 (when it was still Twitter), threatening a “massive program” of DMCA notices on a scale “larger than any previous effort in DMCA history” if X did not agree to a partnership.

When X refused to sign a deal, the floodgates opened. X claims that starting in December 2021, the NMPA began sending weekly notices identifying thousands of posts. In the first year alone, these notices targeted over 200,000 posts. Since the scheme began, the campaign has resulted in the suspension of more than 50,000 users.

X describes this as a “weaponization” of the DMCA, aimed not at curbing piracy, but at hurting X’s business by targeting its “most popular users”.

Allegations of Hypocrisy

Perhaps the most colorful allegations in the new complaint focus on the NMPA’s supposed hypocrisy. X argues that, while the NMPA was demanding the removal of fan-made content, its own executives were posting the exact same material.

The complaint cites an instance where an NMPA Senior Vice President reposted a “remix” video by a user known as “KylePlantEmoji,” which featured copyrighted songs by Nelly and Papa Roach.

“The NMPA lawyer did not report this post as infringing a copyright. Quite the opposite: the lawyer supported the video by reposting it on her own feed,” the complaint notes.

In another example, X points to a takedown notice issued for a video of a high school sports award ceremony. The video was flagged because of brief background music played while a student walked on stage to accept an award.

“Although there is no reasonable basis for censoring this video focused on a high school athlete’s achievement based on the de minimis, non-commercial use of background music in the video, X had to take it down because of Defendants’ scheme,” the complaint notes.

The Majors Joined the “Conspiracy”

X’s lawsuit also explains how the major music publishers, Universal, Sony, and Warner Chappell, allegedly joined the conspiracy later. Initially, these labels were not part of the NMPA’s takedown blitz.

However, X claims that the publishers eventually joined when their desired licensing deals did not come to fruition.

With this antitrust action, X is seeking damages and a permanent injunction to stop the alleged anticompetitive conduct. With claims for civil conspiracy, unfair competition, and attempted monopolization, among others, this is a high-stakes case.

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The full complaint filed today by X Corp. at a federal court in the Northern District of Texas is available here (pdf) .

From: TF , for the latest news on copyright battles, piracy and more.