> There are certainly mp3s on websites that are not infringing on any copyright.
When you bill your service as a "streaming music service" 99.5% of your users will use it to listen to Taylor Swift, and by billing it as such single apparent inference is that you intend for them to do that. The non-infringing uses are just a fig leaf--something you point to trying to cover up the obvious.
Google Image search is different. People don't primarily use GIS to find images that are hosted on the internet without the copyright owner's permission, nor does Google do anything to market to that use.
> Google Image search is different. People don't primarily use GIS to find images that are hosted on the internet without the copyright owner's permission, nor does Google do anything to market to that use.
I agree with your general interpretation of the case here, but I wouldn't be surprised if the primary use case of GIS actually is copyright infringement: finding images to paste into your Web site, PowerPoint presentation, Word document, or what have you. Google is, interestingly enough, rather silent about what GIS is actually for.
Related is YouTube, which even post-lawsuit-and-Content-ID gets a huge amount of use for music piracy. But it's probably easier for them to argue post-Content-ID that they've done a lot to actively discourage that use.
And notably Google did face the billion dollar lawsuit with Viacom vs YouTube and had to fight for survival under DMCA. The key argument is "knowledge" of copyright material being improperly hosted, the same standard in theory being applied to all these services from Napster to YouTube to Mega.
When you bill your service as a "streaming music service" 99.5% of your users will use it to listen to Taylor Swift, and by billing it as such single apparent inference is that you intend for them to do that. The non-infringing uses are just a fig leaf--something you point to trying to cover up the obvious.
Google Image search is different. People don't primarily use GIS to find images that are hosted on the internet without the copyright owner's permission, nor does Google do anything to market to that use.