EMI and MP3tunes are currently in a three year legal battle over illegal distribution of copyright music. Michael Robertson, the owner of MP3tunes, was able to get hold of secret EMI e-mails, in which representatives of the group admitted to having used Rapidshare to distribute copyrighted material as a form of viral marketing, according to the German website Heise Online.

In court, EMI is accusing MP3tunes of allowing illegal music downloads. The stance now appears to be highly hypocritical. The company distributed its music via file sharing websites and then sued users for downloading their music without paying. It has come to light that EMI employs a team of advertising people, artists, and agents who have placed together so many free music downloads on the Internet that EMI itself has trouble distinguishing between authorized and unauthorized links. It's thus no surprise that Robertson wants the 41-page lawsuit dismissed. The case could be closed as soon as January 2011.

EMI Group (Electric & Musical Industries) is a British music company and the fourth-largest record label in the recording industry. The group is thus one of the big four record companies and a member of the RIAA. It goes without saying that this news is highly embarrassing for the label and could have devastating effects in court.