Monday, September 28, 2020

Court issues injunction preventing Trump’s TikTok download ban in the US | Music Business Worldwide

On Sunday (September 27), the United States District Court for the District of Columbia granted a preliminary injunction against a ban on TikTok downloads from app stores in the US.

The block was scheduled to come into force at 23:59 on Sunday night, following a seven day extension granted by the US Department of Commerce last weekend.

A download ban was originally set for Sunday, September 20, but was delayed by a week after Walmart and Oracle received tentative approval from the US Government to strike a deal with TikTok parent ByteDance.

The latest development comes amidst a lack of clarity about the terms of the deal between ByteDance, Walmart and Oracle.

The originally proposed deal would see Walmart and Oracle buy a cumulative 20% stake in a newly formed company called TikTok Global, which will have a US HQ.

Oracle and Walmart would take a 12.5% and 7.5% stake in TikTok Global, respectively.

However, Oracle then issued a statement claiming that: “Upon creation of TikTok Global, Oracle/Walmart will make their investment and the TikTok Global shares will be distributed to their owners, Americans will be the majority and ByteDance will have no ownership in TikTok Global.”

Additionally, Donald Trump, speaking to Fox news last Monday (September 21), said that “if we find that they don’t have total control then we’re not going to approve the deal”.

The US Department of Commerce issued a statement yesterday (September 27) announcing that “the Government will comply with the injunction and has taken immediate steps to do so”. The statement

Reuters reports that TikTok lawyer John E. Hall, told the court during a hearing on Sunday that the download ban was “unprecedented” and “irrational”.

Reports also reports that a full statement from Judge Carl Nichols is expected to be released today (September 28).

“We’re pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban.”

TikTok spokesperson

A TikTok spokesperson said:  “We’re pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban.

“We will continue defending our rights for the benefit of our community and employees.

“At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement.”

“The Government will comply with the injunction and has taken immediate steps to do so.”

US Department of Commerce

A statement issued by the US Department of Commerce, said: “The E.O. is fully consistent with the law and promotes legitimate national security interests.

“The Government will comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges.”Music Business Worldwide

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