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byThe Meridiem Team

Published: Updated: 
4 min read

X Reframes Music Licensing as Antitrust Battlefield, Challenging DMCA as Competitive Weapon

X's antitrust filing Friday redefines copyright enforcement—shifting from compliance obligation to regulatory liability. Affects platform-publisher negotiations across the industry within 12-18 months as litigation cascade begins.

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  • X files antitrust countersuit against NMPA claiming music publishers weaponized DMCA takedown notices as leverage for industrywide licensing demands

  • NMPA originally sued X for $250 million in 2023 for copyright infringement; X now claims the enforcement mechanism itself violates antitrust law by preventing individual publisher negotiations

  • For platforms: This establishes precedent that licensing disputes can become antitrust liability—forcing new negotiation frameworks. For investors: Litigation risk extends beyond copyright damages to regulatory damages. For legal teams: DMCA enforcement now requires antitrust defense strategy

  • Watch for: Court's response to X's argument that collective takedown enforcement blocks competition between publishers. Decision likely within 12-18 months and will cascade across all platforms

X just crossed a critical threshold Friday by filing an antitrust lawsuit against the National Music Publishers' Association (NMPA) and music publishers, reframing copyright enforcement from technical compliance requirement to anticompetitive weaponization. The filing claims publishers "bombarded X with takedown notices every single week" starting in 2021 to pressure industrywide licensing deals. This shifts the battle from a copyright dispute into a regulatory fight over whether DMCA enforcement itself constitutes antitrust violation. The timing matters: this comes as settlement talks appeared close in November 2025, suggesting X found legal ground that changes the negotiating position entirely.

X just made a legally audacious move Friday, filing an antitrust lawsuit against the National Music Publishers' Association and its member publishers—claiming they weaponized the Digital Millennium Copyright Act as a tool for anticompetitive coercion. This isn't just another layer in a licensing dispute that's been unfolding since 2023. This reframes the entire battle.

The setup: In 2023, the NMPA sued X for $250 million over "massive" copyright infringement involving more than 1,700 songs. Standard content licensing dispute. A judge upheld parts of the lawsuit in 2024. By November 2025, The Hollywood Reporter reported the parties "made very substantial progress toward settlement." That was the expected trajectory.

Then Friday happened.

X's filing claims the NMPA didn't just enforce copyrights—they leveraged DMCA takedown authority as a negotiating weapon. Starting in 2021, according to X's lawsuit, the NMPA began "bombarding X with takedown notices every single week related to thousands of posts" to "gain leverage and pressure X" into accepting collective licensing agreements that deny "the benefit of competition between music publishers." That language—denying competition benefits—transforms this from "we're enforcing our copyrights" to "we're engaging in collusive enforcement to eliminate individual negotiations."

This is the pivot. Copyright law (DMCA compliance is mandated) meets antitrust law (collective enforcement that prevents individual dealing is prohibited). X is betting courts will see a distinction between enforcing rights and using enforcement as a competition-blocking tactic. The legal strategy: frame takedown notices not as legitimate copyright administration but as coercive negotiation mechanics.

The precedent exposure here is significant. If courts accept this framing—that DMCA takedown flooding can constitute antitrust abuse—every licensing negotiation between platforms and content owners becomes legally bifurcated. Publishers can't use enforcement pressure without inviting antitrust scrutiny. Platforms can't accept collective license terms without establishing competitive alternatives existed. The entire leverage structure of music licensing gets rewritten.

Why now? The timing tells a story. Settlement talks apparently stalled. X likely concluded litigation was inevitable and reframed the battlefield to include antitrust claims before settlement language locked in. By expanding the legal exposure—now NMPA faces not just X's copyright defense but antitrust damages claims—X resets the negotiation calculus entirely. Publishers might prefer settlement to antitrust discovery.

The industry response will be binary. For platforms licensing music: This establishes that enforcement mechanisms themselves can create antitrust liability. Spotify, Apple Music, YouTube—all face similar questions about whether publisher-collective enforcement of takedowns restricts their ability to negotiate competitive rates. For publishers and the NMPA: The risk shifts from copyright infringement damages to antitrust damages, which can be trebled under law. For investors in platforms: Litigation duration extends from "copyright case" timeline (2-3 years) to "antitrust case" timeline (4-6 years, potentially Supreme Court appeal).

Why this matters now, specifically: We're 18 months into a broader platform-versus-legacy-content shift. Netflix pioneered direct licensing to avoid collective agreements. YouTube built around takedown-notice-as-operating-model. X inherited Twitter's chaotic copyright compliance and Musk's aggressive negotiation posture. The NMPA's response has been equally aggressive—publishing enforcement as the leverage point. X's filing suggests that leverage has legal limits, and those limits are antitrust law, not copyright law. The window for traditional collective licensing models just became contested territory.

The next threshold: Court's initial response. If the judge accepts that collective takedown enforcement can constitute antitrust violation, discovery becomes explosive—emails showing NMPA strategy, communications between publishers on enforcement timing, negotiation pressure correlations. That alone could shift settlement leverage dramatically. If the judge dismisses antitrust claims, X still has the underlying copyright defense, and copyright discovery continues as before, just slower.

The timing for different audiences diverges here. Enterprise licensees (corporate users of music on platforms) need to understand licensing liability just shifted—not just copyright exposure but antitrust exposure, which is less predictable. Publishers and rights holders need antitrust counsel, not just copyright counsel. Platforms need to audit whether their collective licensing agreements are antitrust-compliant. That's a 12-18 month implementation timeline before similar suits cascade.

X's antitrust filing Friday marks the moment copyright enforcement stops being a compliance technicality and becomes a contested regulatory weapon. For investors, this extends litigation risk and timeline significantly—antitrust cases outlast copyright cases by years. For decision-makers at platforms, it means licensing negotiations must now include antitrust counsel and documentation showing competitive alternatives were available. For content publishers, it signals that aggressive enforcement has legal limits and those limits aren't copyright boundaries but antitrust boundaries. For professionals building licensing infrastructure, the policy landscape just became more complex: collective enforcement faces scrutiny that individual enforcement avoids. Watch the court's initial response—if antitrust claims survive motion-to-dismiss, similar filings cascade within 6-12 months across platforms. If dismissed, DMCA enforcement reclaims its traditional role. Either way, the music licensing inflection point is now regulatory, not just contractual.

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