“allowed infringement to go unchecked, content to profit handsomely from advertisements that appear side-by-side with infringing content, and from the draw created by their dissemination of [EMI's] copyrighted works.” (from the lawsuit)
OK. It’s understandable that EMI wants some control over how its content is used, who profits from it, and how much they pay for the right to do so. But this music-industry-has-hopelessly-oldschool-economic-model thing is becoming a tiresome truism. EMI is not going to be able to make money from teenagers using EMI songs in their homemade videos. EMI wishes it could. But that doesn’t mean the solution to the situation is to try to stop teenagers from using EMI songs in their homemade videos.