Intervenor Marcel Albert professionally known as Marc Mysterio has submitted an extensive reply brief to the United States District Court for the Southern District of New York to support his motion for intervention and to assert a charging lien in the matter Sony Music Entertainment et al. v. Rhapsody International Inc. et al. (Case No. 1:25-cv-06352-LAP).

Mysterio contends that prominent recording artists such as Shakira Aerosmith with the track Dream On Jennifer Lopez Crash Test Dummies Shaggy along with himself were omitted without explanation from the February 9 2026 Final Default Judgment issued by Judge Loretta A. Preska. That ruling granted Sony Music 9.226 million dollars in compensatory damages for contract violations against Rhapsody International Inc. together with 12 million dollars in statutory damages calculated at 50,000 dollars per work across the 240 titles listed in Exhibit A against the defaulting parties producing an aggregate sum near 21.226 million dollars. Actions involving Napster Do Brasil Licenciamento De Musica LTDA and Does 1-10 received no adjudication and no Rule 54(b) certification was granted which is required before any appeal notice could properly be filed.

In an unusual development the same legal representatives now maintain that the absence of certification bars intervenors including Mysterio and other similarly positioned artists whose Sony Music recordings were subject to infringement from pursuing remedies encompassing Shakira Jennifer Lopez Aerosmith and Mysterio himself along with numerous additional performers.

Mysterio claims copyright interests and third-party beneficiary status concerning recordings distributed via The Orchard.

He specifically observes that the complete catalogs of Shakira Jennifer Lopez and the IFPI Platinum-certified Marc Mysterio and Shaggy collaboration as well as Marc Mysterio entire catalog including the Netflix Trailer Park Boys Anthem together with both Sony Music and The Orchard were left out of the judgment in addition to Aerosmith Dream On.

Mysterio maintains this situation positions him comparably to the other major artists who were excluded.

Mysterio challenges a potential conflict of interest observing that the same counsel argues in one proceeding that artists deserve full compensation and that metadata accuracy must be prioritized while simultaneously confirming in a nearby courtroom that Amazon shadowbanned Mysterio thereby halting 82 million streams from 17 million unique listeners with 45 percent organic reach between September 2023 and 2024.

Mysterio claims this inconsistency reveals contradictions within the music industry.

Mysterio additionally draws attention to his July 3 2026 filing Docket No. 63 a Motion to Compel the New York Attorney Generals Office for in camera review to obtain an unredacted copy of Exhibit 1 titled Sony Music Bribery Payola Evidence accessible through SDNY PACER Court Records.

The motion incorporates the Declaration of Marcel Albert in Support of his Motion to Intervene as of Right Pursuant to Fed. R. Civ. P. 24(a)(2) together with a request for a hearing featuring live testimony from high-profile EVP of Sony Music Business and Legal Affairs Stuart Bondell.

The submission includes 18 exhibits containing internal bulletins from Sony Music Columbia Records dating to the early 2000s and the complete list of Shakira song releases that appeared on Napster and were likely infringed during the complaint period as well as Aerosmith Dream On widely regarded as the greatest rock anthem of all time according to both Eminem and Mysterio himself.

Furthermore the matter of Albert v. Distrokid LLC Amazon is currently pending before the U.S. Court of Appeals for the Second Circuit.

Mysterio appeals solely the dismissal regarding DistroKid LLC holding them accountable for events that allegedly resulted in Amazons shadowban while Amazon remains dismissed and therefore unable to participate on appeal.

The landmark 40-page March 13 2026 Opinion and Order on the Motion to Dismiss under Rule 12 recognized an artists right to legal standing to sue digital service providers directly based on their contracts with distributors and labels representing a notable achievement that provides artists for the first time legal standing to sue Music Streaming Services such as Amazon Music directly as third party beneficiaries to the LABEL DSP distribution and licensing agreement.

Mysterio who was represented on the docket by the Law Firm of Michael H. Joseph during the Motion to Dismiss proceedings that established the landmark artists right to sue DSPs stated Even though Mike and I have our differences we still made history and that ruling now stands while Amazon cannot do anything about it who won now Amazon Artists.

Mysterio added I suggest since there is no musician union like SAG that Shakira Steven Tyler Jennifer Lopez and myself get on a call together and decide if we will take further action against Sony under NY laws of good faith and fair dealing independent of this act if either the court refuses to act or Sony fails to instruct their counsel to rectify this matter immediately Mysterio concludes.

Mysterio seeks intervention as of right under Fed. R. Civ. P. 24(a)(2) and or Sua Sponte 1651(a) Mandamus a charging lien against any proceeds and discovery of all tracks infringed not merely the 240 on Sonys allegedly disputed list certified by counsel as complete despite Mysterios own Sony The Orchard Royalty Statements allegedly showing otherwise and to set aside the default judgment pending further proceedings solely as to the fiscal damages with liability established.

The matter remains pending before Judge Loretta A. Preska and the case number at US District Court Southern District New York is 1:25-cv-06352 while Albert v. DISTROKID Amazon Music is 1:25-cv-01705 before Judge Faillla and USCA 2ND CIRCUIT 26-1703. All filings in both cases are available via Pacer with Jonathan Sperling ESQ. a Billboard Top Ranked Litigation AttornEsq representing both Sony and Amazon respectively.

About Marc Mysterio:

Marc Mysterio is a 2X Billboard Charging multi-platinum musician who achieved 82 million streams on Amazon Music from September 2023 to 2024 at nearly 50-50 organic discovery with over 17 million unique listeners on the platform in that years span that according to Billboard has collaborated with David Guetta Avicii Netflixs Trailer Park Boys Series. Marc was instrumental in reforming a new Crash Test Dummies lineup in 2024-2017 with lead singer Brad Roberts and Mark Crozer of Jesus and The Mary Chain with the new lineups Promised Land receiving over 10M streams on Amazon Music alone.

Marc is also an undefeated pro boxer sanctioned by IBA to fight Jake Paul in early 2023 for its Super Cruiserweight Championship according to both UK US DAILY EXPRESS and Irish Star.

Finally Marc has celebrity success in his blood Anderson Cooper is his cousin through their closest shared lineage descending from Annica van Salee and her husband Thomas Southard with the duos historical connection tracing back to the notorious legendary Dutch pirate-turned-admiral Jan Janszoon.

Moreover WWE HALL OF FAMER and Trainer Walter Killer Kowalski was a Great Uncle via Common Law Marriage to Marcs great aunt in the 60s and instrumental in his training how to conduct himself as a public figure and even trained him as a Professional Wrestler prior to his music career in the late 90s.

Marc Mysterio on X: @marc_mysterio

Contact: Law Office of Michael H. Joseph www.newyorktriallawyers.org

For Marc Mysterio: Paddy OConnor PRO BOXING PR [email protected]

SOURCE Law Office of Michael H. Joseph PLLC