The Disclosure DistroKid Keeps Avoiding
Roomsreport.com — May 18, 2026
Amazon’s counsel in a Southern District of New York lawsuit against DistroKid simultaneously represents Sony Music Entertainment in a separate matter pending in the same court.
The conflict is now on the record.
The case is Marcel Albert v. Amazon.com Services LLC and DistroKid LLC, 1:25-cv-01705-KPF, before Judge Katherine Polk Failla.
THE CONFLICT
On May 18, 2026, Marcel Albert, professionally known as Marc Mysterio, filed ECF 83 alerting Judge Failla to a potential conflict of interest involving Amazon’s counsel Jonathan M. Sperling of Covington & Burling. According to the filing, Sperling simultaneously represents Sony Music Entertainment in Sony Music Ent. et al v. Rhapsody et al, Case 1:25-cv-06352, also pending in the Southern District of New York.
At the center of the conflict is Exhibit D, correspondence involving Jyrki Niskanen of Sony Music Finland. Amazon has demanded production of that exhibit. Mysterio is requesting the Court review Covington & Burling’s dual representation before any ruling on that demand.
Room Reports has not independently confirmed whether Covington & Burling has filed any response addressing the conflict on the record.
THE DISTROKID SPOTIFY STAKE
Spotify Technology S.A. Form 6-K, filed October 2021, page 26, attached as Exhibit 1 to ECF 80 in this case, confirms Spotify held an equity investment in Kid Distro Holdings, LLC, described in the filing as “an independent digital music distribution service.”
The fair value of that investment reached €205 million as of September 30, 2021.
On October 1, 2021, Spotify completed the sale of two thirds of its equity interest, realizing a gain of €132 million with proceeds of €144 million. Spotify retained the remaining one third stake.
DistroKid has filed three Rule 7.1 corporate disclosure statements in this case. Spotify has not been properly disclosed in any of them.
Mysterio’s filings cite Elton Newman v. DistroKid LLC, 1:20-cv-01541, in which DistroKid previously disclosed Spotify’s minority stake.
Mysterio is demanding confirmation on the record of whether that stake has since been divested.
THE VIDEO EVIDENCE
Mysterio submitted Video Exhibits 5 and 6 to Judge Failla’s chambers on May 14, 2026, copied to law clerk Jackson Springer. According to ECF 83, the video evidence directly contradicts factual representations made by defense counsel regarding DistroKid’s user interface and metadata and ISRC ingestion mechanics.
As of the filing of ECF 83, defense counsel had not disputed the video evidence on the record.
Mysterio has identified DistroKid Creator Services Manager Sam Miller and Head of Creator Services Mike Fink as key deposition targets. Both were employed at DistroKid during the period of Spotify’s minority stakeholder status.
AMAZON’S POSITION
Amazon filed ECF 82 on May 18, 2026, through counsel Sperling requesting Judge Failla order Mysterio to produce Exhibit D. Amazon also requested the Court consider limiting further filings until the counsel situation and case management plan are resolved. The filing notes Mysterio has filed every day since the May 12 Order with the exception of May 14.
Mysterio disputes that characterization. ECF 83 argues Amazon waived the right to Exhibit D by previously dismissing it as confusing without formally requesting it, calling the current demand an improper second bite.
WHAT COMES NEXT
May 29, 2026. Mysterio must notify the Court of his pro se status through the pleadings phase.
June 1, 2026. Rule 11 Safe Harbor expires.
Judge Failla has not yet ruled on any of the pending motions documented in this report.
We will update this story pending release of new information.
All allegations are reported as allegations. All facts cited are sourced from primary court documents and public filings. Documentation is held and available upon request.