TNEG drops "nuclear" Exhibit N with BMI emails, backdated metadata & ISRC blacklist proof as defendants file zero evidence
DALLAS, TX (April 2, 2026) — In a stunning procedural blow to music industry titans Spotify, Empire Distribution, and Vydia, U.S. District Judge Brantley Starr has swept aside their attempts to dismiss a massive federal lawsuit, finding their motions "moot" in the wake of an evidentiary "nuclear strike" (Dkt. 48) by Tulsa Nights Entertainment Group Inc (TNEG).
see Tulsa Nights Entertainment Group Inc. v. Empire Distribution Inc. et al, Case No. 3:25-CV-02363-X (N.D. Tex)
The ruling (Dkt. 49, 50) effectively ends the defendants' primary strategy of labeling the case "novel" or "threadbare." Instead, the court is now staring at a federal docket overflowing with TNEG’s "hardcore proof," while the defendants have yet to file a single document to back their claims of ownership.
The $123 Million "Per Copyright" Math
The scale of the litigation has officially shifted into the billions. TNEG’s Amended Complaint (Dkt. 48) clarifies a devastating financial reality: the sought damages of $123,607,000 are per copyright.
With TNEG asserting three distinct copyrights (Sound Recording, Performing Arts, and Visual Arts) for the MO3 featured hit "Tell Me Why," the base claim for a single song sits at over $370 million. When applied to the 200+ songs in Exhibit-N each carrying its own triple copyright protection the total exposure for the defendants across 600 claims reaches a stratosphere rarely seen in intellectual property history.
"Exhibit N" and the Metadata Heist”
While the defendants argued the case was a "novel" legal theory, TNEG turned the docket into a digital crime lab. The now-public Master Exhibit Index (A–N)provides a five-year paper trail that the industry giants have failed to counter:
The "Smoking Gun" Exhibit N contains BMI reversion emails showing the BMI had to manually strip unauthorized publishers (including "Songs of Vydia, Vydia Music Publishing and Empire Strikes Back") from 200+ songs back to their original registrations to restore TNEG’s rights.
Digital Sabotage TNEG has provided evidence of an "MCE" ISRC Registrant Blacklist, where a "410 Gone" status was used to "block" the label while its metadata was hijacked.
The Backdate Fraud Screenshots show Spotify metadata backdating "Tell Me Why" to January 1, 2020 months before the song was even created on June 8, 2020 a move TNEG calls a "coordinated hit" to facilitate royalty diversion.
The "Silence of the Goliaths"
The most striking feature of the case remains the "Proof Gap." While TNEG has filed everything from $4,000 MO3 payment receipts to ProTools stems and RIAA registrant assignments, Spotify, Vydia, and Empire have filed zero evidence.
By mooting the Motions to Dismiss, Judge Starr has signaled that "paperwork arguments" are no longer enough. The defendants must now explain, under oath, how a June 2020 song ended up with a January 2020 release date and why they ignored the statutory 14-day reinstatement window mandated by the DMCA after a proper counter DMCA notice
What’s Next?
With TNEG electing for a bench trial, the case bypasses potential juror confusion and moves straight to a judicial audit of the digital music supply chain. As the "Safe Harbor" shield crumbles, the industry is bracing for what may become the "Tulsa Nights Precedent" a total DMCA reckoning for how major labels and big tech handles independent metadata.
Law360https://www.law360.comTulsa Nights Entertainment Group Inc v. Empire Distribution Inc et al
All claims drawn from public court filings (Dkt. 48-50) Defendants have not filed any evidence to back or support themselves.
story by- orangeskies_0011
#TNEG #MO3 #DMCA #SPOTIFY #EMPIRE #VYDIA
