As Expected, Limewire Sued; Courts Get To Discuss The Inducement Standard
from the next-up dept
As has been widely expected, the RIAA has officially gone after Limewire today. Following the Supreme Court Grokster decision that didn't actually say Grokster was guilty of copyright infringement (just that they could be liable if they were found to have "induced" copyright infringement), the RIAA simply pretended that the ruling meant all file sharing apps were illegal and sent out warning letters to a bunch of them. Many shut down or tried to come up with other business models, while most users simply moved on to whatever else there was (and there were plenty of options). It looks like popular file sharing app Limewire continued to resist -- so now the RIAA is suing. What will be interesting is to see how far this case goes. If history is any indication, the RIAA will do its best to make the case as expensive as possible for Limewire, so they feel compelled to settle or just disappear completely. However, the firm does have a defense: they just need to show that they were not actively "inducing" copyright infringement -- even if that's what their software was often used for. They might want to take notes on Torrentspy's case against the MPAA.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Re:
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WTF
p.s. - RIAA, i hope you know...you're losing in the real world, court is NOTHING.
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Re:
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LimeWire BASIC is a P2P program for use only in the exchange of authorized files.
Downloading LimeWire BASIC does not constitute a license for obtaining or distributing unauthorized material.
Please do not download LimeWire BASIC if you intend to use it to infringe copyright.
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As i believe was the case before.
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Re: bite my downloads!
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P2P is a tougher target than ever
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Bring It On!
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STFU RIAA
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LimeWire and infringement
It would truly surprise me if there is anything that the RIAA can subpoena (business plans, memos, emails, etc.) that will show that the owners of the software have encouraged any kind of piracy in any way. This software came out AFTER Napster was castrated by the RIAA, and I would imagine that they had very good lawyers telling them what they should and shouldn't do.
The fact that LimeWire hasn't caved in tells me that they think they will prevail. (Napster thought so, too, but again, LimeWire has that experience to learn from.)
Lastly, there are legitimate uses for LimeWire, GNUtella, and BitTorrent. There are public domain songs, performances, movies, documentaries, as well as software (just about very version of Linux, for example).
Suing LimeWire because some user is allowing people to download Madonna's latest song is about the same as suing LimeWire because a version of Linux I downloaded has flaws in it.
It makes no sense at all.
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Re:
The internet does not exist. It is the illusion created by the millions of little networks that exist online voluntarily bowing to ARIN and it's ilk in order to interconnect their many privately owned networks. It is not a public domain.
The silliness about websites being blocked and whatnot is just that, silly. It defeats the purpose of the internet, and anyone doing it would receive hellacious backlash and tons of negative press which would lead to lost customers.
For those fearing blocks by end of line services, insist your community pass laws forcing the local lines to be allowed to be leased by multiple competing companies so that competion is allow and will keep the companies in line.
"NewSystems Broadband :: Not Blocking Google like those Other Douchebags"
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What I hear:
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What I hear:
Legitamized mafia.
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Whats that, the musics too loud...
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Re: Whats that, the musics too loud...
Even though most of the artist get screwed in the end they still want to bargain with the devil. The story of how the RIAA has screwed over so many aritst and left them penniless and in some cases homeless is a long sad story.
No my friend they are not going anywhere except back to court. The good news is everytime they shut one down, five more start up.
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Re: Re: Whats that, the musics too loud...
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Re: Whats that, the musics too loud...
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Re: Re: Whats that, the musics too loud...
What the F*CK is "illegal music"??? How can music be illegal?
Limewire is a neutral technological tool. Its main use is to distribute and share files. If someone decides to do something illegal with it like share copyrighted music without the permission of the copyright holder, then said person is responsible, NOT the tool.
Compare and contrast that with this:
A car is a neutral technological tool. Its main use is to transport people and things efficiently. If someone decides to do something illegal with it like run someone over or use it to escape from police after said person robs a bank, then said person is responsible, NOT the tool.
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Re: Whats that, the musics too loud...
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Stop
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Re: Stop
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Re: Stop
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Music for the soul
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Re: Kazaa
We need to start a protest group whereby all filesharers write and publish Gnutella clients - 250 million clients - let them sue us all !!!!!! - I read you can write a client in around 16 lines; lets do it; .... I have never used Limewire for anything except searcing for Creative Commons files and the odd classical track
RIAA: GET A NEW BUSINESS MODEL !!!!!!!
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Re: Re: Kazaa
Why should they? The one they have is working well.
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Someone will always find a way...
It will go underground like the rebels in Demolition Man, and like the speak easys, etc etc...
I already have all the files... and I have an FTP accoutn, a free one at that, and I have web space and an email client.
I invite my friends, send them links through the email, who go and download my stuff, I change directory settings to 777 and they upload stuff, make annony FTP accounts and their friends can upload their stuff, and on and on and scooby dooby doo..
P2P is like smokers... we are going to live forever, get used to it.
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What the internet is:
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Re: What the internet is:
I'm supprised the RIAA hasnt sued the ISPs yet, after all, the music travels through their wires :s
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This is making me tired!
Give it a break. Instead of trying to get rid of P2P, maybe lower the price of the F'ing material so we're not so pissed off when we realize there is only 1 good song out of 12 on there.
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with this limewire thingy i can get RIAA member songs for free?
I guess that's the case. Why would RIAA sue them otherwise if not for marketing this service?
Hm lets see...
google limewire to find a download adress for that service!
Thanks RIAA for this publicity boost. Reminds me somehow of the MPAA piratebay thingy early june. Never heard of them before that date
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BS
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Re: BS
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I can see hundrets of files that looks interesting
Thats cool. thanks RIAA
(i have no technical clue how they can catch me now if i download now stuff with it, but even if they do, i do not care. I'm poor, for private purposes its not a crime in my country to get music from others so i'm not afraid of you RIAA cartel criminals and your civil lawsuits.)
Once again thank you for providing this information to a newbie like me by suing some company which produced this big headlines that even me get the info about this technology :)
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About net neutrality...
Before, these companies could push the product any direction they wanted. But they were the sole providers of the content. Now the people are the providers and the companies are simply the enablers. This is a new environment that these companies weren't engineered for. An entity that can't be controlled. This fight of theirs over net neutrality is a fight against inevitability.
Even if they win the legislation, they've still lost the battle. All this legislation would do is suddenly have them using their internet service as, well, that new cord that hooks into your cable box. It just can't exist as a part of the internet. It's of a different nature.
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Re: About net neutrality...
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Re: Re: About net neutrality...
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Buy it!
http://www.jinx.com/scripts/details.asp?affid=-1&productID=285
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a. Loss of lots of money
b. Get even more people pissed at you for something you could of encountered passively.
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Give them time. The RIAA would basically like to see unrestricted consumer recording devices outlawed. After all, they _are_ the "Recording" Association of America so only _their_ members should be allowed to possess unrestricted recording devices.
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RIAA
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Re: RIAA
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RIAA
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RIAA
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Re: RIAA
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I should sue
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Its better to steal
2. Limewire is friggin sweet
3. I think its better that people pirate music, now that artists don't make any money off of the music they make, only the artists that have any real talent will continue to play.
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I guess Cutting and pasting is also coppyrigt infr
Look at the patterns - what's the diff?
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Malaysia Tammy
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Radical thinking anyone???
All in all, if bands would stop going on tour and start taking up their own jobs, they'd have nothing to complain about. Besides, playing music is like a recreational sort of thing, nobody deserves to be paid for it, just like nobody deserves to be paid for playing a video game. That's why if someone gets their music stolen, I don't feel bad. It's not like the pirate will be re-releasing the song as their own or some shit so they have nothing to cry about.
RIAA, are you protecting music loving bums? Hippies, perhaps? Yes, yes you are. There should be a company about attacking the dicks making money off of their music.
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RIAA: Rotten Idiots Acting Appallingly
I am begging you Limewire - fight this to the death - start a funsraising campaign - I will take it to the streets, theses bastards have to be stopped.
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Do Artists Even Need More Money?
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Re: Do Artists Even Need More Money?
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RIAA Sux
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RIAA and LIMEWIRE
included in half the downloads from LIMEWIRE
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download anything
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Riaa
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Aren't they doing this on Stargate SG-1?
Both come in...throw out a bunch of warnings about "Join us or else" and then they start hitting on the little guys who are not strong enough to protect themselves. Maybe the RIAA needs to be sued for stealing the business model of those galactic bad guys.
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just out of curiosity
if limewire is open source...and someone recompiles it and makes some modifications and redistributes it anonymously and no one attaches their name to this "new" P2P app....and all of a sudden people start using it and it spreads like wildfire...who would the RIAA go after? I mean, if the app is not affiliated with anyone...anonymous author...not distributed by any one source (e.g. distributed on IRC by users)...who would be the RIAA's target? isn't that a possibility? The only people they could go after would be the individual users...and in that case I'm sure they could all pull off the "my wireless is open and unsecured and it could've been anyone" defense.
I think the RIAA should just go throw themselves into a tank of pirahnas already and just give up.
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It will backfire again
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The galactic bad boys business model reall does work......doesn't it?
NoMorePoints.com
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Grokster
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Re: Grokster
i wouldn't worry about this. no matter what happens someone outside the states will create a p2p application (well i dare say they already have) have fun getting these people into a us courtroom.
all the states is going to suceed in doing is more 'off shoring' of the music industry.
they should have worked with it when they had the chance. tis too late to cry about it now really.
another case of the legal system meats practical 'issues' like the uk case vs allofmp3.com. frankly who cares? so the uk courts may rule it illegal.. the net effect will be?
thought so...
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It'
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It's the same tired old song.
Most people don't want to go to a store with underpaid wage slaves who don't know a thing about what's in their store anyway. They would rather browse (and listen to!) the songs that they're already interested in, and discover OTHER new music they haven't heard that's similar. It's not easy to do that in a store, nor is it convenient.
Naturally, when they decided that the 'little upstart, Napster' wasn't going to go away, they didn't just go cry in a corner because they weren't getting any money from the people listening to the freely downloaded and shared music.
At that point, they made a colossal blunder. They *could* have worked with Napster, and worked something out - say "Pay $15 a month for unlimited downloads, or pay on a per-song basis!" - and because it was a centralized system, it would probably have been very simple and easy to implement.
But no. They had to shut down the whole thing, because they didn't understand it in the first place, and just wanted the 'bad thing' to go away. Nevermind that due to the fact that people were interested in all sorts of music they'd discovered through Napster, and were actually HELPING even the in-store sales...
When they shut down Napster, all the other decentralized p2p services sprouted like weeds. Dozens of 'em. And file sharing went on.
In the end, all this whining, moaning, legal action, and legislation is going to amount to one thing: richer lawyers. It won't make a bit of difference. Eventually, they will either catch on, or go out of business. Companies like allofmp3.com have the right idea. People *will* pay if you offer a huge selection of very high-quality songs, and make it easy to get. If you don't have anything to offer people but high-priced, hard to buy songs from a limited selection of artists, then people are either going to buy their music elsewhere, or they are going to download what they want (for free) from their buddies. End of story.
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Media Protection
So if all P2P networks go down and the RIAA find a way to write some super DRM kit someone, one day, will find a way to get around it and a way to share it. The internet CANNOT be controlled.
I use LimeWire Pro but I do get a lot of my music from allofmp3.com . This is because quality isn't always gaurenteed on LimeWire, I'd rather pay cheaply and have one high quality copy of a song rather than download 3 separate files and comparing quality (kbps sometimes doesn't make a difference because some people rip low quality media to higher quality to make it look good) and converting formats et cetera for free.
BTW, I bought the Pro copy of LimeWire before I realised that I could've just downloaded the full version using the free version.
|>2|> 15 7|-|3 |>////493
(That's P2P is the pwnage for those of you who can't read leet)
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Re: What's that, the musics too loud
Why the fuck are you defending the RIAA? You must either work for them, or your daddy does. Everyone knows the RIAA is evil. And if you think for ONE SECOND that the RIAA is doing this to "protect the artists," you are totally fucking stupid and need a major reality check.
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How the hell do companies like Limewire make any m
Thanks.
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Re: How the hell do companies like Limewire make a
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Analysis of LimeWire Complaint
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wnderstanding?
but just in case someone please answer the question of "if they do end up sueing Limewire are they out to get the poeple that/use it /used it? "
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I say
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Finally
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Re: Finally
the limewire program itself is perfectly legal as long as u dont use it for downloading illegal stuff. which people like myself do.
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RIAA
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RiAA Bitches
L33T 4 EVER!
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RIAA Sucks
Not to mention, CD's are overpriced. It's not the quality of the CD par-se, it's whether or not the price is fair. Paying $15 for something that probably only costed $3 to make isn't very practical. I'd say the best price would be in this area...
New CD's: $6 MINIMUM $8 MAX
Older CD's: $1 MINIMUM $4MAX
I'd be buying CD's like a friggin' mad man if they were that cheap. Not to mention, that will put supply and demand in a VERY good position. CD's are in supply and their getting sold. Arists are making more money than ever if the RIAA coperates. See my vision?
Oh well. Even if Limewire does crash, they'll just have to waste their money again suing more filesharing companies. Hopefully, they'll sue so many and run out of cash and declare bankruptcy.
I remember reading one case about how they sued a 12 year old girl after unsucsessfully filing against her parents. Is that me, or is that just flat out rude and bullly like? You're going to make some family go BANKRUPT because they downloaded a song. Let's see... that is the following:
- Idiotic
- Wasteful
- Unethical
- Mean
Here's an idea RIAA... stop spending all your FUCKIN' money suing little kids and filesharing companies and actually USE IT to fix the problem! Dumbasses!
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Why all the fuss...................
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jhjldç~fçp
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hi
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FilesWire Instead
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celebrities dont need any more money
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