Kano Computing, the company behind the Stem Player, took too long to respond to a lawsuit over a Kanye West song.
According to court documents obtained by AllHipHop, Kano Computing was hit with an entry of default in the case. Trax Records sued Kanye and Kano, among others, for copyright infringement in 2022.
“It appears from the record that [Kano] failed to plead or otherwise defend in this case as required by law,” the Clerk of the Court for the Eastern District of Louisiana wrote. “Therefore, default is entered against the defendant as authorized by Federal Rule of Civil Procedure 55(a).”
Trax Records claimed Kanye sampled Marshall Jefferson’s house song “Move Your Body” without permission. Ye used the sample on his track “Flowers,” which appeared on the Donda 2 album. Kanye released the project exclusively on the Stem Player.
“Defendants have infringed Trax’s copyrights in the Master Recording, including by reproducing, distributing, adapting and digitally publicly performing the Master Recording without authorization, in violation of the Copyright Act,” the label’s lawyer argued. “Defendants’ acts of infringement are willful, in disregard of and with indifference to the rights of Trax.”
The attorney added, “As a direct and proximate result of the infringement by Defendants, Trax is entitled to damages and to Defendants’ profits in amounts to be proven at trial, and which are not currently ascertainable. Alternatively, Trax is entitled to maximum statutory damages of $150,000 for each copyright infringed.”
Marshall Jefferson’s publisher Ultra International Music Publishing also sued Kanye and Kano over the unauthorized sample. Last year, Kano cut ties with Ye due to his antisemitism.