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The bad news for Robertson is the judge allowed EMI, one of the four largest recording companies, to continue to pursue the copyright claims against MP3tunes, court documents show. The case, filed last November in U.S. District Court for the Southern District of New York, was brought by 14 record companies and music publishers affiliated with EMI. MP3tunes enables users to store music in the so-called cloud. The company's 150,000 customers upload their music into "lockers." They can then access the tunes from nearly any Web-enabled device. EMI argues that MP3tunes doesn't have authorization to exploit the company's music this way. A representative from EMI couldn't be reached for comment late Wednesday evening.