Earlier this week a US District Court judge leaved a major blow against file-sharing when she found LimeWire and it's software makers liable for inducing copyright infringement and engaging in unfair competition.
The ongoing case, Arista Records LLC et al v. Lime Group et al, U.S. District Court, Southern District of New York, No. 06-05936, was originally filed in August 2006 but it wasn't until earlier this week that U.S. District Judge Kimba Wood agreed with the record companies that LimeWire's parent Lime Wire LLC and its founder Mark Gorton were liable.
"The evidence demonstrates that Lime Wire optimized LimeWire's features to ensure that users can download digital recordings, the majority of which are protected by copyright, and that Lime Wire assisted users in committing infringement," Wood wrote in her 59-page ruling.
Wood has granted a summary judgment against LimeWire which could amount to millions of dollars. The RIAA along with their partners: Arista, Atlantic, BMG Music, Capital, Elektra, Interscope, LaFace, Motown, Priority, Sony BMG, UMG, Virgin and Warner Brothers are the 13 record companies that sued Lime Group were seeking $150,000 per copyright violation, though the final damages in the lawsuit have not yet been determined. The lawsuit claimed at least 93 percent of LimeWire’s file sharing traffic was unauthorized copyright material. For a site that claims 50 million unique monthly users that could amount to a very hefty fine!
Judge Wood scheduled a June 1 hearing to determine how to proceed.
View the full summary (pdf) and more details via Wired.com and for further reading checkout Ars Technica "LimeWire sliced by RIAA, liable for massive infringement"
Showing posts with label RIAA. Show all posts
Showing posts with label RIAA. Show all posts
Thursday, May 13, 2010
Thursday, June 12, 2008
RIAA Walks Out On P2P Case
After two years the RIAA has voluntarily dismissed the case Warner v. Cassin, or more commonly know as the "making available" case.
Cassin was originally sued by the RIAA in April 2006 for copyright infringement. The complaint used by the RIAA at the time doesn't provide many details, but the exhibits attached to the filing show that MediaSentry detected a user with the handle omc@KaZaA sharing 406 files on KaZaA, including tracks from Madonna, Bob Seger, Dixie Chicks, and Sade.
Instead of filing an answer, Cassin's attorney filed a motion to dismiss in early 2007. One of the issues raised in the motion was the now-well-known argument that merely making a file available over a P2P network constitutes distribution. Indeed, Warner v. Cassin looked as though it would be one of the first cases where the issue would be argued in court.
Subsequent rulings against the RIAA may be behind their sudden change of heart. In April Geek-News.Net reported on federal court judge Judge Nancy Gertner dismissal of an RIAA subpoena. Judge Gertner stated that "Merely because the defendant has 'completed all the steps necessary for distribution' does not necessarily mean that a distribution has actually occurred." She also noted that " merely exposing music files to the Internet is not copyright infringement."
More on this story:
DailyTech - RIAA Suddenly Walks Away from Longstanding P2P Case
ARS Technica - RIAA suddenly walks away from old, contested P2P case
Cassin was originally sued by the RIAA in April 2006 for copyright infringement. The complaint used by the RIAA at the time doesn't provide many details, but the exhibits attached to the filing show that MediaSentry detected a user with the handle omc@KaZaA sharing 406 files on KaZaA, including tracks from Madonna, Bob Seger, Dixie Chicks, and Sade.
Instead of filing an answer, Cassin's attorney filed a motion to dismiss in early 2007. One of the issues raised in the motion was the now-well-known argument that merely making a file available over a P2P network constitutes distribution. Indeed, Warner v. Cassin looked as though it would be one of the first cases where the issue would be argued in court.
Subsequent rulings against the RIAA may be behind their sudden change of heart. In April Geek-News.Net reported on federal court judge Judge Nancy Gertner dismissal of an RIAA subpoena. Judge Gertner stated that "Merely because the defendant has 'completed all the steps necessary for distribution' does not necessarily mean that a distribution has actually occurred." She also noted that " merely exposing music files to the Internet is not copyright infringement."
DailyTech - RIAA Suddenly Walks Away from Longstanding P2P Case
ARS Technica - RIAA suddenly walks away from old, contested P2P case
Thursday, April 03, 2008
Judge Rules Against RIAA Subponea
Federal court judge Judge Nancy Gertner has dealt a blow to the Recording Industry Association of America, finding that merely exposing music files to the Internet is not copyright infringement.
The judge did note that an "offer to distribute" is sufficient basis for a copyright infringement claim, which means that the RIAA can continue to make that allegation in its lawsuits. There is, however, a big difference between having evidence for a copyright infringement claim and showing by a preponderance of evidence that infringement actually took place.
More information
The full story from Ars Technica
The EFF's press release
PDF copy of judge Gertner's decision
"Merely because the defendant has 'completed all the steps necessary for distribution' does not necessarily mean that a distribution has actually occurred," wrote Gertner in her order. "As noted above, merely exposing music files to the Internet is not copyright infringement."
The judge did note that an "offer to distribute" is sufficient basis for a copyright infringement claim, which means that the RIAA can continue to make that allegation in its lawsuits. There is, however, a big difference between having evidence for a copyright infringement claim and showing by a preponderance of evidence that infringement actually took place.
More information
Sunday, March 30, 2008
Sunday, March 16, 2008
RIAA Lawsuit Could Expose Investigative Techniques
Computerworld.com, An Oregon woman whose lawsuit against the Recording Industry Association of America (RIAA) was thrown out by a federal judge last month plans to file an amended complaint Friday in a move that could finally force the industry group to share details about its controversial techniques for investigating alleged file sharers.
The original case, Atlantic Recording v. Andersen was dropped by the RIAA, due to an overwhelming number of counterclaims by Andersen. Andersen accused the organization of malicious prosecution, libel, negligence, invasion of privacy, electronic trespass and fraud. Sitting that that the recording labels had used unlicensed investigators to illegally gather evidence against her and that the RIAA had violated the Racketeer Influenced and Corrupt Organizations (RICO) Act.
However once the RIAA decided to drop the lawsuit Andersen was allowed by the court to drop her counterclaims and file them instead as a direct legal action. That lawsuit, filed in August 2007, and charged the RIAA and five music labels with a string of misdeeds. However on Feb. 19 the suit was dismissed by Oregon District Court Judge Anna Brown. Sitting that that Andersen had failed to adequately state her claims for relief as she couldn't clearly identify the legal basis for each of her claims.
According to Lory Lybeck, Andersen's attorney, the amended complaint will ask the RIAA to provide details on a variety of issues, including how exactly Media Sentry goes about collecting its evidence against alleged copyright infringers, when the RIAA first engaged Media Sentry to carry out such investigations and how it decides which file sharers to sue.
Read more on this story at ComputerWorld.com
The original case, Atlantic Recording v. Andersen was dropped by the RIAA, due to an overwhelming number of counterclaims by Andersen. Andersen accused the organization of malicious prosecution, libel, negligence, invasion of privacy, electronic trespass and fraud. Sitting that that the recording labels had used unlicensed investigators to illegally gather evidence against her and that the RIAA had violated the Racketeer Influenced and Corrupt Organizations (RICO) Act.
However once the RIAA decided to drop the lawsuit Andersen was allowed by the court to drop her counterclaims and file them instead as a direct legal action. That lawsuit, filed in August 2007, and charged the RIAA and five music labels with a string of misdeeds. However on Feb. 19 the suit was dismissed by Oregon District Court Judge Anna Brown. Sitting that that Andersen had failed to adequately state her claims for relief as she couldn't clearly identify the legal basis for each of her claims.
According to Lory Lybeck, Andersen's attorney, the amended complaint will ask the RIAA to provide details on a variety of issues, including how exactly Media Sentry goes about collecting its evidence against alleged copyright infringers, when the RIAA first engaged Media Sentry to carry out such investigations and how it decides which file sharers to sue.
Read more on this story at ComputerWorld.com
Wednesday, February 13, 2008
Crack Down on Pirated Software Auctions
PC Magazine reports: The SIIA has its eyes on eBay.
That was the message behind a statement released Wednesday by the Software & Information Industry Association, which said it had filed seven suits in a district court in northern California against eight defendants. Each was accused of trying to auction pirated software from Adobe, particularly copies of its Adobe CS3 suite.
Two suits were also filed against eBay sellers two weeks ago, naming two more defendants; one was accused of selling pirated Adobe Photoshop CS3 software, while the other involved the alleged selling of Symantec pcAnywhere 11.0 Host and Remote, pcAnywhere 10.5 Host and Remote and Norton Utilities 8.0 for Macintosh.
Of the industry's top names, however, there is one notable exception; a list of the program's participants includes Apple, Adobe, Intuit, McAfee, and Symantec, but doesn't include Microsoft, which has its own methods of dealing with piracy, including working with the FBI.
A representative for Microsoft's Genuine Advantage program said that users who report that they own a pirated piece of Microsoft software, such as Windows, can notify the company at Microsoft's anti-piracy site. If the software meets the company's criteria, the user may be receive a free copy of authentic Microsoft software in exchange. Users that do not meet the criteria may be referred back to the Genuine Advantage department for a discounted copy of the software, the representative said.
That was the message behind a statement released Wednesday by the Software & Information Industry Association, which said it had filed seven suits in a district court in northern California against eight defendants. Each was accused of trying to auction pirated software from Adobe, particularly copies of its Adobe CS3 suite.
Washington, D.C. – February 13, 2008 – The Software & Information Industry Association (SIIA) announced today it has filed the largest round of lawsuits since launching its auction site anti-piracy program two years ago. SIIA filed nine separate suits in the US District Court for the Northern District of California, on behalf of members Adobe Systems Incorporated and Symantec Corporation. The lawsuits are part of SIIA’s comprehensive program to battle rampant auctioning of pirated software.
Two suits were also filed against eBay sellers two weeks ago, naming two more defendants; one was accused of selling pirated Adobe Photoshop CS3 software, while the other involved the alleged selling of Symantec pcAnywhere 11.0 Host and Remote, pcAnywhere 10.5 Host and Remote and Norton Utilities 8.0 for Macintosh.
“SIIA has declared war against those who continue to sell pirated software on auction sites such as eBay,” says Keith Kupferschmid, SVP of SIIA’s Anti-Piracy Division. “Our goal is to give illegal software sellers a rude awakening, so that unsuspecting software buyers and legitimate sellers are protected. For too long, auction sellers have been able to sell pirated software while risking only the removal of their auction. SIIA has upped the ante by bringing those who pirate software to justice in court.”
Of the industry's top names, however, there is one notable exception; a list of the program's participants includes Apple, Adobe, Intuit, McAfee, and Symantec, but doesn't include Microsoft, which has its own methods of dealing with piracy, including working with the FBI.
A representative for Microsoft's Genuine Advantage program said that users who report that they own a pirated piece of Microsoft software, such as Windows, can notify the company at Microsoft's anti-piracy site. If the software meets the company's criteria, the user may be receive a free copy of authentic Microsoft software in exchange. Users that do not meet the criteria may be referred back to the Genuine Advantage department for a discounted copy of the software, the representative said.
Tuesday, February 12, 2008
File-Sharing In The UK , Lose Your Internet Access
Illegal file sharers in the UK who go online and illegally download music and films may have their internet access cut under plans the government is considering.
Reports from the BBC News indicate that the British government is considering plans that would require internet service providers to take action over users who access pirated material via their accounts or face be prosecution, and the details of customers suspected of making illegal downloads made available to the courts.
It is estimated that six million people a year are downloading files illegally in the UK. At a cost of millions of pounds in lost revenues to music and film companies. The BPI (similar to the RIAA), the trade body that represents the UK record industry, said internet providers had "done little or nothing to address illegal downloading via their networks".
Representatives from the Internet Service Providers Association have countered by saying "ISPs are no more able to inspect and filter every single packet passing across their network than the Post Office is able to open every envelope."
Reports from the BBC News indicate that the British government is considering plans that would require internet service providers to take action over users who access pirated material via their accounts or face be prosecution, and the details of customers suspected of making illegal downloads made available to the courts.
It is estimated that six million people a year are downloading files illegally in the UK. At a cost of millions of pounds in lost revenues to music and film companies. The BPI (similar to the RIAA), the trade body that represents the UK record industry, said internet providers had "done little or nothing to address illegal downloading via their networks".
Representatives from the Internet Service Providers Association have countered by saying "ISPs are no more able to inspect and filter every single packet passing across their network than the Post Office is able to open every envelope."
Wednesday, February 28, 2007
RIAA Opposes New Fair Use Bill
New bill would let customers make limited numbers of copies of copyrighted works
By Grant Gross, IDG News Service
A new bill in the U.S. Congress aimed at protecting the fair use rights for consumers of copyright material would "legalize hacking," the Recording Industry Association of America said.
The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act, introduced Tuesday by U.S. Representatives Rick Boucher, a Virginia Democrat, and John Doolittle, a California Republican, would allow customers to circumvent digital copy restrictions in six limited areas when copyright owners' business models are not threatened, Boucher said in a press release. So-called fair use doctrine allows customers of copyright works to make limited numbers of copies, particularly for reviews, news reporting, teaching and research.
The bill would allow exemptions to the anticircumvention restrictions in the Digital Millennium Copyright Act (DMCA), passed by Congress in 1998. The bill is revamped from similar bills introduced in the last two sessions of Congress, Boucher said.
"The fair use doctrine is threatened today as never before," Boucher said in a statement. "Historically, the nation's copyright laws have reflected a carefully calibrated balanced between the rights of copyright owners and the rights of the users of copyrighted material. The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the public's right to fair use."
But the RIAA said the bill would effectively repeal the DMCA. The bill would "allow electronics companies to induce others to break the law for their own profit," it said in a statement. Advances such digital music sales, online games, on-demand movies and e-books can be traced to DMCA protects, the RIAA said.
"The difference between hacking done for non-infringing purposes and hacking done to steal is impossible to determine and enforce," the RIAA said in its statement.
The Boucher bill would limit the availability of statutory damages against individuals and firms who may be found to have engaged in contributory infringement, inducement of infringement, or other indirect infringement. The bill would allow libraries to circumvent digital locks or secure copies of works that have been damaged, lost or stolen.
The Consumer Electronics Association applauded the bill, saying it would give protections to consumers, educators, and libraries. Without fair use protections, consumers couldn't use devices such as VCRs and digital TV recorders, the trade group said.
By Grant Gross, IDG News Service
A new bill in the U.S. Congress aimed at protecting the fair use rights for consumers of copyright material would "legalize hacking," the Recording Industry Association of America said.
The Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act, introduced Tuesday by U.S. Representatives Rick Boucher, a Virginia Democrat, and John Doolittle, a California Republican, would allow customers to circumvent digital copy restrictions in six limited areas when copyright owners' business models are not threatened, Boucher said in a press release. So-called fair use doctrine allows customers of copyright works to make limited numbers of copies, particularly for reviews, news reporting, teaching and research.
The bill would allow exemptions to the anticircumvention restrictions in the Digital Millennium Copyright Act (DMCA), passed by Congress in 1998. The bill is revamped from similar bills introduced in the last two sessions of Congress, Boucher said.
"The fair use doctrine is threatened today as never before," Boucher said in a statement. "Historically, the nation's copyright laws have reflected a carefully calibrated balanced between the rights of copyright owners and the rights of the users of copyrighted material. The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the public's right to fair use."
But the RIAA said the bill would effectively repeal the DMCA. The bill would "allow electronics companies to induce others to break the law for their own profit," it said in a statement. Advances such digital music sales, online games, on-demand movies and e-books can be traced to DMCA protects, the RIAA said.
"The difference between hacking done for non-infringing purposes and hacking done to steal is impossible to determine and enforce," the RIAA said in its statement.
The Boucher bill would limit the availability of statutory damages against individuals and firms who may be found to have engaged in contributory infringement, inducement of infringement, or other indirect infringement. The bill would allow libraries to circumvent digital locks or secure copies of works that have been damaged, lost or stolen.
The Consumer Electronics Association applauded the bill, saying it would give protections to consumers, educators, and libraries. Without fair use protections, consumers couldn't use devices such as VCRs and digital TV recorders, the trade group said.
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