Spotify Hits Back at David Lowery’s $150 Million Suit

Spotify founder Daniel Ek

Spotify has responded to a $150 million copyright infringement lawsuit filed in December by Camper Van Beethoven/Cracker frontman David Lowery.

The music streaming provider asked a judge to block the case from being treated as a class action. The company also requested the case be dismissed due to lack of jurisdiction.

Spotify filed the legal motions on February 12 in federal court in California. Lowery filed his suit on December 28, claiming Spotify didn’t properly license songwriting rights in the United States. The case involves so-called “mechanical” rights, a key type of music copyright.

In one motion, Spotify calls Lowery’s suit “a fatally flawed candidate for class treatment.” The company cites a previous ruling that “copyright claims are poor candidates for class-action treatment.” It argues that Lowery’s proposed class definition is “circular,” that who belongs in the class is “not ascertainable” and that the proposed class members don’t have enough in common.

Spotify further contends that Lowery can’t show in this case both “that common issues predominate over individual ones and that the class device” is better suited than an individual lawsuit. And the company maintains that Lowery can’t “plead class-wide irreparable harm.”

In a separate motion, Spotify asks Judge Beverly Reid O’Connell to dismiss the case or else transfer it to a federal court in New York. The company argues that as a Delaware corporation based in New York City, it isn’t subject to jurisdiction in California. It notes that Lowery resides in Georgia.

Mona Hanna, lead partner representing Lowery for law firm Michelman & Robinson, tells Pitchfork these motions are “a standard defense maneuver to try to avoid dealing with the merits of the complaint and trying to see if they can get a dismissal on procedural grounds.”

She described the move as no surprise, adding, “We are very confident that this is just a delay tactic and we are going to get to the merits.”

Spotify has been contacted for further comment.

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