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RIAA Goes after LimeWire

PCM2 writes "A coalition of major recording companies sued the operators of the file-sharing program LimeWire for copyright infringement Friday, claiming the firm encourages users to trade music without permission." From thge article: " The case is the first piracy lawsuit brought against a distributor of file-sharing software since the U.S. Supreme Court ruled last year that technology companies could be sued for copyright infringement on the grounds that they encouraged customers to steal music and movies over the Internet. In the complaint, the record companies contend LimeWire's operators are "actively facilitating, encouraging and enticing" computer users to steal music by failing to block access to copyright works and building a business model that allows them to profit directly from piracy. "

304 comments

  1. OMG! The only ones left to sue... by Anonymous Coward · · Score: 5, Funny

    ...are the operators of usenet.

    1. Re:OMG! The only ones left to sue... by Alan · · Score: 5, Funny

      *shhhhhhhhh*

      The first rule of UseNet is we don't talk about UseNet.

    2. Re:OMG! The only ones left to sue... by NonSequor · · Score: 1

      Things are going to be REALLY, REALLY bad when either legislators or the RIAA find out about Usenet.

      --
      My only political goal is to see to it that no political party achieves its goals.
    3. Re:OMG! The only ones left to sue... by Xtravar · · Score: 2, Funny

      They'll act like it's some new technology...

      "This is like no other pirate application we have seen before!!!"

      --
      Buckle your ROFL belt, we're in for some LOLs.
    4. Re:OMG! The only ones left to sue... by nolife · · Score: 2, Insightful

      STFU!
      Usenet? Nothing to see here RIAA/MPAA, please move along.

      I almost hate to talk about this subject, not because I feel seasoned or elite but only because I do fear a potential radar sighting. At a very slow but steady pace, the brontosaurus that is Usenet, is getting more flexibility on the front end. The days of manually saving and piecing together messages in the right order and piping them to the right converter went away well over a decade ago. It can now be just a few clicks if you choose. The fact that in order to have a reasonable quality of Usenet service requires a monthly fee is the only thing I believe that is keeping it under that radar but that same more centralized consolidated pay service is easier to attack and shut down.

      When the comet comes, the brontosaurus will have to adapt or die.

      --
      Bad boys rape our young girls but Violet gives willingly.
    5. Re:OMG! The only ones left to sue... by Anonymous Coward · · Score: 0

      They already sued the owners of nbz search sites... that's not usenet, but its a technology that makes usenet binaries easier to search.

    6. Re:OMG! The only ones left to sue... by Frosty+Piss · · Score: 2, Funny
      ...are the operators of usenet.

      They could start sueing makers of FTP software. Or Windows, without which "illegal" file shairing would drop to close to zero...

      --
      If you want news from today, you have to come back tomorrow.
    7. Re:OMG! The only ones left to sue... by Fordiman · · Score: 1

      Hunh?

      Limewire is one of 13 different compatible implementations of Gnutella - none of which require a server or other organization to run the network. The RIAA may try, but attacking Limewire will get them even less in the way of results than attacking Napster or Kazaa.

      http://www.gnutelliums.com/windows/ has a list of all the other Gnutella clients for Windows.

      The real shame here is that OS-X's only other real searchable filesharing option is Phex - which, if I remember correctly is on the slow side.

      --
      110100 1101000 1101000 1100110 0 1101111 1101000 1100011 1
    8. Re:OMG! The only ones left to sue... by Digital_Mercenary · · Score: 1

      I always wondered about that.
      If I use ftp to share copy-written materials would proftp be liable?
      Or how about apache if my apache webserver/site provided access to copy protected materials.

      I mean does Verizon get sued when people use their network for making drug deals?
      should they be?

    9. Re:OMG! The only ones left to sue... by Alsee · · Score: 4, Funny

      The second rule of Usenet is You Can 3nlarge Your P3N!S!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:OMG! The only ones left to sue... by mattyrobinson69 · · Score: 1

      mldonkey runs on OSX, and I suppose you could count safari or OSX's telnet to have 'native guis'

    11. Re:OMG! The only ones left to sue... by Inda · · Score: 2, Interesting

      I dunno... Maybe we should talk about the groups.

      Most ISP servers are worse than shit. How many people pay for a decent Use*cough*Net provider? How many of us have been paying for years and years? Paying for content is not new to us. Isn't that what the media moguls would like? Everyone paying for content?

      Bring it on. Headline news please. Highlight the actual cost of bandwidth. Tell the world that 700mb costs less than $0.50. Tell the world that from the first click to a picture on the TV takes less than 30 minutes.

      I've said too much, haven't I?

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    12. Re:OMG! The only ones left to sue... by Jafafa+Hots · · Score: 1

      My current ISPs usenet servers have no download limit, very good completion, not so good retention.
      My dad's has unlimited download, fantastic retention, but is missing a few good groups.
      Overall, not bad for free.

      --
      This space available.
    13. Re:OMG! The only ones left to sue... by kdemetter · · Score: 1

      I'm a bit confused : Limewire is part of the Gnuttela network . Are they going after Limewire , or after the Gnuttela network ? Anyway , if it turns out bad , i can still use Filetopia , wich is encrypted . it's slower though .

    14. Re:OMG! The only ones left to sue... by Clock+Nova · · Score: 1

      I've recently discovered the program Aquisition. Once I got used to it, I dumped LimeWire and never looked back.

      --
      There they were, sitting in the van with all those dials, and the cat was dead. -V. Marchetti, CIA
    15. Re:OMG! The only ones left to sue... by Clock+Nova · · Score: 1

      Oops. Make that "Acquisition." Do a search.

      --
      There they were, sitting in the van with all those dials, and the cat was dead. -V. Marchetti, CIA
    16. Re:OMG! The only ones left to sue... by orangesquid · · Score: 3, Interesting

      Nobody's in charge of the gnutella network---there's nobody to sue. (Side note: we all know about freenet and its drawbacks, but have any of the other projects that claim a goal of being faster and better than freenet gotten anywhere yet?)

      Hence, the RIAA will systematically sue every gnutella-capable software package they can track down. They can't sue things that are produced in countries outside their jurisdiction, but, that won't stop them from: (a) spying on you so they can sue people who download said programs [this is one advantage to freenet: some anonymity], (b) passing legislation to make it illegal to possess or write software that can be used to violate copyrights (DMCA et al)

      Where do I write a complaint letter? I use programs like limewire to share my creative-commons music (and other artists' similarly-licensed music) with both friends and strangers. Are they trying to deny me the opportunity to use a different distribution model for my music? P2P is great, because I don't have to shell out big bucks for bandwidth.

      That sounds like CD-distribution music companies trying to destroy non-CD-distribution music companies... it looks a lot like monopolistic behavior to me. :-/

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    17. Re:OMG! The only ones left to sue... by kdemetter · · Score: 1

      well , as an alternative to freenet , you might want to check out Tor http://tor.eff.org it's normally used for anonymous surfing , but you can use it to run a server anonymous too ( a bit work to configure though) . Of course , it's also slow ( faster than Freenet though ) .

    18. Re:OMG! The only ones left to sue... by jZnat · · Score: 1

      LimeWire's free software (GPL), so it won't be going anywhere anytime soon. Even if the RIAA somehow extorts money out of the LimeWire company, anyone else (especially in other countries) can pick up on the development and continue to release new versions.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    19. Re:OMG! The only ones left to sue... by jZnat · · Score: 1

      Actually, they'd probably go after the writers of Usenet programs (e.g. Thunderbird, KNode, gnus), even if they don't support yEnc and easy gathering of binaries.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    20. Re:OMG! The only ones left to sue... by timeOday · · Score: 1

      I have a friend who downloads a lot and therefore subscribes to a usenet service. It costs him more than a netflix account! Something to think about.

    21. Re:OMG! The only ones left to sue... by Ash+Vince · · Score: 1

      I dont know how much a netflix account is, but my usenet provider (claranet) have almost every group medium retention and offer a number of different price packages. The one I subscribe to is 10Gb per month for £20 per year.

      They offer an unlimited account for £30 per month which I have used in the past when I downloaded more.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    22. Re:OMG! The only ones left to sue... by Reziac · · Score: 1

      "Are they trying to deny me the opportunity to use a different distribution model for my music?"

      Actually, that's a good point -- if you earn your living as a musician, and the RIAA denies you the right to do so by destroying your chosen distribution method -- I'm wondering if a clever lawyer might turn this into a lawsuit based on some states' right-to-work laws.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  2. Oh, Thank goodness by Yonsen · · Score: 0

    i was afraid they would go after my precious pr0n..... *phewph*

  3. in related news... by irving47 · · Score: 5, Insightful

    The RIAA and MPAA are teaming up to sue the highway patrol of all states with interstates that border on other states for failing to stop them and prevent them from allowing friends to copy their DVD's and CD's.

    --
    I had a sucky sig.
    1. Re:in related news... by Travoltus · · Score: 4, Funny

      The cops will be required by the **AA to scan all cars with special equipment that detects copyright infringing data on CDs and DVDs.

      Oh wait, I'm giving them ideas.........

      --
      --- Grow a pair, liberals... stop letting the Republicans bully you!
    2. Re:in related news... by sourcery · · Score: 2, Interesting

      You forgot to mention the forthcoming suits against Sun for NFS and Microsoft for Windows File Sharing (both of which work just fine over the public internet, if your firewall permits it.)

      Oh, and I almost forget the forthcoming suits against the makers of FTP software!

      --
      Cthulhu for President! Why settle for the lesser evil?
    3. Re:in related news... by macdaddy357 · · Score: 4, Insightful

      Recording Industrialists Against Artists will try anything to make sure no one hears so much as a note of music without paying them. Music has existed since the dawn of time, not just since the invention of the phonograph. RIAA, you are obsolete and your products are too. No one needs you any more. Don't Buy CDs.

      --
      How ya like dat?
    4. Re:in related news... by Kelson · · Score: 2, Informative
      You forgot to mention the forthcoming suits against Sun for NFS and Microsoft for Windows File Sharing (both of which work just fine over the public internet, if your firewall permits it.)

      Anyone else remember Scour? When it first launched, it was basically a search engine for public SMB shares.

      They disappeared a few years ago. Three guesses why.

    5. Re:in related news... by ewl1217 · · Score: 2, Interesting

      That's a completely unfair comparison. Roads are essential in today's world. Give me a nice list of all the legitimate (read: legal) uses for LimeWire, and I'll believe you. I bet you can think of some, but I'm sure most people use LimeWire for illegal purposes.

      Now they make be going after the wrong people, targeting the makers of LimeWire instead of the file-sharers, but a nice crackdown on illegal file-sharing sure beats some new, twisted form of DRM.

    6. Re:in related news... by Anonymous Coward · · Score: 0

      Why in the hell did moderators decide to moderate this as insightful? This is at best funny, but probably more along the lines of dumb!

    7. Re:in related news... by hedwards · · Score: 4, Funny

      Satan should really be suing *AA for violations on his patent on devious and inane abuses of courts;
      as well as making it much more difficult for him to download his favorite Britney spears' albums.

    8. Re:in related news... by cpt+kangarooski · · Score: 4, Insightful

      Give me a nice list of all the legitimate (read: legal) uses for LimeWire, and I'll believe you. I bet you can think of some, but I'm sure most people use LimeWire for illegal purposes.

      So what? Grokster did not destroy the Sony rule. So it doesn't matter whether most people use LimeWire illegally.

      Now they make be going after the wrong people, targeting the makers of LimeWire instead of the file-sharers,

      Not at all. First, it's entirely possible to go after them and win. See e.g. the Napster and Grokster cases. The law allows indirect infringers to be sued just as easily as direct infringers. Second, plaintiffs would prefer to go after LimeWire. They have a policy of going after the deep pocket (i.e. a defendant that can actually pay the damages awarded). But more importantly, they have a policy of going after the head of the snake. If LimeWire shuts down, then all of their users will have to find new networks or stop sharing. Some will likely stop sharing. Others will go to new networks, but those will be shut down too, in turn. The idea is to stop P2P filesharing by shutting down the networks and software developers. Then it doesn't matter whether the users want to infringe in this fashion; they lack the ready ability to do so. Going after direct infringers is less useful to plaintiffs since it achieves less. Why go after one infringer, or a handful, when you can essentially go after them all by targeting the network?

      Get the picture?

      but a nice crackdown on illegal file-sharing sure beats some new, twisted form of DRM.

      That is absolutely not how that works. They'll do both. What you're suggesting is appeasement, but I guarantee you that it won't work.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:in related news... by Kremit · · Score: 1

      I haven't purchased a RIAA-related CD since 2000, and I don't plan on doing so anytime soon.

    10. Re:in related news... by niktemadur · · Score: 2, Insightful

      I make it a point to buy CDs only from small, independent labels. All the rest of the stuff I listen to I download in industrial quantities, savoring the fact that I'm not putting a single additional cent into the RIAA's coffers. I refuse to subsidize Britney's or Mariah's multimillion dollar contracts. I refuse to subsidize corporate suits recruiting an army of shysters to terrorize the population, instead of creatively working towards win-win scenarios.

      Furthermore, I do not listen to Clear Channel stations, for too many reasons to discuss here, but one of them is the payola monopoly they've built. I get my radio fixes through the internet, mainly public radio stations (KCRW, KFJC, WFMU) as well as Radio Nova from Paris.

      Ever heard of a band called The Necks? They're an experimental ambient jazz outfit from Australia. I wrote them an email, asking them where I could buy one of their CDs, Sex. I got a great reply from the drummer of the band, telling me that they were in the process of getting a US distributor, Private Records, so it would only be a matter of a couple of months. How cool is that? I found the album (one track, sixty minutes long) on a certain P2P protocol, but opted not to download, as for guys like these, I'll happily wait and spend my money, which is exactly what I did.

      Two questions:
      1. What percentage of the music-loving public has taken the kind of boycott/support steps that I have?
      2. What percentage is needed to bring the corporate bastards to their knees?
      This may be a principled but losing battle. Case in point: I refuse to go to Wal-Mart, but still the damn place is jam-packed.

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    11. Re:in related news... by Anonymous Coward · · Score: 1, Interesting

      I used scour. In a different way though.
      You could attempt to use Windows network neighborhood with the search results but you had to modify your lmhosts/host file all the time (back then Windows explorer and net.exe only worked with netbios names and not ip addresses) and it was not reliable (and still questionable today). The other option was the Scour client which would only allow one transfer at a time and each selection you wanted to copy had to be manually selected. If I remember correctly, the shearer could exclude specific file from being "seen" or listed to the others as Windows itself did not actually have specific file permissions back then.

      Enter smbclient via a *nix command line.
      You could attach to the person via ip address and copy *.* from their share to your computer. No "exclusions" because of the lack or file permissions. You got everything in that share if you wanted it.
      Another bonus. Win95 had a scaled down version of the msc for showing your shares and who was connected to them. smbclient allowed you to specify your computer name as an option, you could enter their computer name as your computer name and their Win95 machine and the Scour client they had running would not show you are being connected to their computer. I guess Win9x assumed you were local and the connection was not listed and Scour used that information in their client.

      On a side note.. Many times people having shared a directory for Scour use, also had shared other directories because they did not know what they were doing or for other computers in their house maybe? Either way, c or c$ was often shared as well.

      Even more off topic..
      About the same time as Scour, home networks and broadband were catching on and it seemed no one understood that by default, sharing a drive or directory meant you were also sharing it to everyone on the internet as well. Having a port scanner, nbtscan (or a similar version that attempted default passwords/no password combinations), was a fun time.

    12. Re:in related news... by Traiklin · · Score: 2, Insightful
      That's a completely unfair comparison. Roads are essential in today's world. Give me a nice list of all the legitimate (read: legal) uses for LimeWire, and I'll believe you. I bet you can think of some, but I'm sure most people use LimeWire for illegal purposes.
      Limewire can be used to offset the bandwidth loads of legit music and movies (just as torrents are)
      Roads can be used to help legit people get from one point to another

      Limewire can be used to distribute illegal movies and music.
      Roads can be used to transport illegal drugs, illegal movies & music, illegal aliens, illegal weapons, illegal fireworks, illegal bombs.

      Limewire can be used to distribute information on how to make bombs and other devices.
      Roads can be used to distribute information on how to make bombs and other devices.
      Roads can be used to transport kidnappers to a location and kidnap someone who knows how to make a bomb or other device.
      Roads can be used to transport the materials to create a bomb or other device.
      Roads can be used to transport the device made to it's location and kill hundreds of people.

      Roads are used for the Telcos & Cablecos to maintaint their wires so we can have fast internet connections.
      Roads are used for people to get to work and earn money to pay for their connection to the internet.
      Roads are used to transport people to locations to make the music or film the movie.
      Roads are used to transport the finished product to the distributer.
      Roads are used to distribute the product.

      Roads are used to steal the product in route to it's location.
      Roads are used to help people speed away from a crime.

      So...can you tell me how Limewire kills people? or transports illegal drugs, aliens, weapons, fireworks, bombs or drugs?

      So I guess I will turn your question around on you,

      That's a completely unfair comparison. Give me a nice list of all the legitimate (read: legal) uses for Roads, and I'll believe you. I bet you can think of some, but I'm sure most people use Roads for illegal purposes.

      See how stupid it looks? just cause a few (same ammount that use Limewire) use roads for illegal reasons, does it mean that EVERYONE uses them for illegal reasons?
    13. Re:in related news... by Millenniumman · · Score: 2, Insightful

      Stealing is not justified by the fact that you do not like the owner.

      You refuse to go to Wal-Mart? I could understand if it was because Wal-Mart isn't very nice, but I suspect you have some sort of ridiculous pseudo-moral reason.

      If only self-righteousness could be converted to electricity. We'd never need fossil fuels again.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    14. Re:in related news... by Archeopteryx · · Score: 3, Informative

      Yes, I have a legitimate use, I'll tell you what *I* use Limewire for; I trade Old Time Radio shows that are out of copyright, and unscoped airchecks of political talk shows that I actually have PERMISSION to share. I run http://www.whiterosesociety.org/ where we have 100% legal content all for free.

      --
      Dog is my co-pilot.
    15. Re:in related news... by Anonymous Coward · · Score: 0

      Spears isn't used anymore. Try something fresh.

      And what has AAA done?

    16. Re:in related news... by Anonymous Coward · · Score: 0

      thats all fine and dandy jack off, but do you really think file sharing can be stopped? Try pulling your head out of your ass long enough to listen to your own stupidity.

    17. Re:in related news... by demeteloaf · · Score: 1
      Grokster did not destroy the Sony rule.

      No, but what the Grokster decision did do was make a statement about intent.

      "[O]ne who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

      I'm not sure about other people, but when I hear Limewire being discussed with my friends, 99.9% of the time, it's being discussed as a way to download copyrighted music/songs/etc. I don't know whether the makers of Limewire have made "affirmative steps to foster infringement" but they certainly don't seem to be doing much to change their image as "a program to get music and movies" (at least among the college age crowd i hang out with).

      The issue here is whether Limewire is encouraging users to share copyrighted material. Part of the reason that the supreme court ruled against grokster was that they didn't make any effort to filter out copyrighted software and they profited by having a lagre userbase and selling advertisement and illegal downloads increased their userbase. I don't really see Limewire doing anything different. Personally, I think the RIAA has a case here, at least according to the Grokster decision.

      --
      If there's anything more important than my ego around, i want it caught and shot now.
    18. Re:in related news... by ottothecow · · Score: 4, Informative
      In your quest to avoid clear channel, I would like to make a suggestion for you: http://minnesota.publicradio.org/radio/services/th e_current/

      Click listen now and you can get either a mp3 stream or wma of the live on the air station. This station is positively amazing, it is a minneapolis station operated by minnesota public radio. It is different though in that public radio is almost always focused on news and classical music, this station plays a HUGE selection of modern non-classical music. A lot of local and independant artists as well as highly tallented artists that can be heard elsewhere (but usually not the "hit single" that you might here)...if you request it, they can play it even if its not in their typical type. They also do a lot of in-studio preformances which are all archived and available for play from their site. An added bonus is that they employ two of the most talented dj's I have ever heard (one was a long time music expert dj at the U of M's college station and the other is just a great dj who got bounced around a lot as non-cc stations got taken over by clearchannel). The two are usually back to back weeknights from around 3:00-10:00 IIRC (thier names would be Mary Lucia and Mark Wheat).

      Give it a shot, and try it at a few different times because sometimes you can pick up on djs in a wierd mood (doing a themed set or something) or shows you might not be into: for example, I believe late saturday nights get deep into underground hip-hop and rap which may not be everyones cup of tea or right now as I post this they are playing a DJ Sasha set recorded sometime this week in california.

      --
      Bottles.
    19. Re:in related news... by tsa · · Score: 1

      I get my radio fixes through the internet, mainly public radio stations (KCRW, KFJC, WFMU) as well as Radio Nova from Paris.

      Thanks for the tip! I put them all in my playlist on iTunes!

      You might also like KZAM radio.

      --

      -- Cheers!

    20. Re:in related news... by niktemadur · · Score: 1

      Radio Nova's website goes by the URL of http://www.novaplanet.com/ and they do stream in Quicktime (as well as Real Player and Windows Media), so you can get it to work with iTunes!

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    21. Re:in related news... by Anonymous Coward · · Score: 3, Informative

      Repeat this to yourself, over and over, until you get it through your thick skull:

      COPYING IS NOT STEALING.

      COPYING IS NOT STEALING.

      COPYING IS NOT STEALING.

    22. Re:in related news... by niktemadur · · Score: 4, Insightful

      If only 99% of all current legislation wasn't grotesquely tilted in favor of these corporate behemots, I would side with your viewpoint.

      However, the cost to manufacture a CD is less than a dollar, yet their product goes for around twenty. Corporate robber barons, the de facto government today, bring to mind the attitude, espoused by Thomas Jefferson, that rebellion, every now and then, is a healthy thing.

      I will neither endorse nor support these robber barons by voting for them with my dollars, and do not mind chipping a bit at their cornerstone as well, along with millions of other people, from the looks of it.

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    23. Re:in related news... by niktemadur · · Score: 1

      In your quest to avoid clear channel, I would like to make a suggestion for you: http://minnesota.publicradio.org/radio/services/th e_current/

      Thanks for the tip! I like what I hear so far, but it keeps rebuffering on my DSL connection! I'll try again at another hour, maybe it's a server problem on their side.

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    24. Re:in related news... by niktemadur · · Score: 2, Informative

      BTW, check out the www.wfmu.org website, it's just as insane as the programming itself.

      The programming for any given show depends on the DJ, his tastes and moods. One show is industrial noise, another is children's singalongs, another is antique 78s from the 1910's and 20's, and so on and so forth, basically a little bit of absolutely everything.

      One show, Incorrect Music, plays only the worst songs ever recorded. In this particular show, the worst of the worst is a travesty called Baby Lulu; whenever they play one of her 'songs', a 'Baby Lulu Alert' is issued, giving you ten seconds to switch stations or put the volume on mute for a couple of minutes, in case you're chicken.

      As for the website itself, check out the archives, as every single show from the last 5 or 6 years is stored in streaming audio. We are talking about tens of thousands of hours of archived audio!

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    25. Re:in related news... by Anonymous Coward · · Score: 0
      HOW MANY TIMES DO WE HAVE TO GO OVER THIS? COPYRIGHT INFRINGEMENT IS NOT THEFT.

      Koy Koy kay key koo kay cot rot roy nah coe apwee doe 2wxp vpd zob sui zig cub nog lobby.

    26. Re:in related news... by tsa · · Score: 1

      That made me laugh! Thanks for the info, I'll check it out!

      --

      -- Cheers!

    27. Re:in related news... by Alsee · · Score: 1

      Satan should really be suing *AA for violations on his patent on devious and inane abuses of courts;

      Note, Satan has dedicated this patent to the Public Domain.

      Open Source, not just for terrorists and pedophiles anymore.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    28. Re:in related news... by westlake · · Score: 1
      However, the cost to manufacture a CD is less than a dollar, yet their product goes for around twenty.

      I am beginning to understand why my high school teachers in the small business classes always ended the day with a blinding headache.

    29. Re:in related news... by psymastr · · Score: 1
      However, the cost to manufacture a CD is less than a dollar, yet their product goes for around twenty.

      Idiot. The cost of manufacturing a CD has nothing to do with the value of an album as a product. Sign a major artist and sell his CD's for a dollar, let's see how far you make it.

      --
      Improve at backgammon rapidly through addictive quickfire position quizzes: www.bgtrain.com
    30. Re:in related news... by Levilprivateer · · Score: 1

      However, the cost to manufacture a CD is less than a dollar, yet their product goes for around twenty. Corporate robber barons, the de facto government today, bring to mind the attitude, espoused by Thomas Jefferson, that rebellion, every now and then, is a healthy thing.

      When I read things like this, it makes me hang my head in shame. What, do you think you're entitled to music? Thomas Jefferson would have explained to you that in a free market, the price is set by the demand for the item. If people are willing to pay the price set by the companies selling the CDs, it is a fair price. It is an elementary concept.

      If you don't like the record companies, I'm sure there are plenty of local bands who would be overjoyed to get a new fan interested in their work... so why not support them instead of violating other peoples' Constitutional rights?

    31. Re:in related news... by cpt+kangarooski · · Score: 2, Insightful

      do you really think file sharing can be stopped?

      I don't think it can be, or should be. I'm simply explaining what the law is currently. I never said I liked it. Would you prefer to be misinformed or uninformed, living in a fantasy world?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    32. Re:in related news... by cheesybagel · · Score: 2, Insightful

      If the CD was not manufactured by a monopoly and could be freely copied by free enterprise, the price would drop near the price of manufacturing, which is almost zero.

    33. Re:in related news... by Levilprivateer · · Score: 1

      Again, ignorance. The recording industry is not a monopoly. While it holds a siginificant portion of the market share, it does not hold enough to constitute a monopoly. If you believe different, prove it legally.

      Second... "freely copied by free enterprise" means "no copyright", which is simply Unconstitutional.

      Third... since when does the price of manufacture matter, except in that it sets the absolute minimum sales price a company can offer an item? I shouldn't even have to mention that the cost of manufacture is NOT the only expense involved in producing music and movies.

      If you can come up with an argument that doesn't amount to "I'm entitled to other people's work", I'd like to hear it.

    34. Re:in related news... by Millenniumman · · Score: 2, Insightful

      As other have pointed out, the music costs money to produce, but regardless, they can charge whatever they want. You don't need to buy from them. That is why they are not "de facto government". When they start holding guns to people's heads and saying "buy a CD, now", I'll side with your viewpoint.

      If you want to show your disapproval of these companies don't buy from them. Stealing is incentive for them to create DRM and raise prices.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    35. Re:in related news... by Takumi2501 · · Score: 1
      You forgot to mention the forthcoming suits against Sun for NFS and Microsoft for Windows File Sharing (both of which work just fine over the public internet, if your firewall permits it.)
      The *AA sue Microsoft? If that were to ever happen, it'd be a show worth watching.
      --
      Sent from my computer.
      Now GET OFF MY LAWN!
    36. Re:in related news... by mOdQuArK! · · Score: 2, Insightful
      When I read things like this, it makes me hang my head in shame.

      Yeah, I agree - with your statement, about your statement.

      What, do you think you're entitled to music?

      What, do you think that companies are entitled to profit? It sure would be nice to get special laws to protect any old business model you can think of, even if you can't prove it's providing a net benefit to society.

      Big hint: IP doesn't count as "free market". It's more of a socialist experiment than anything related to capitalism; it's a method of distorting normal market economics to try and encourage "innovation". (I've got major doubts about using a mechanism which prevents the free flow of ideas to encourage innovation, but I suppose it sounded reasonable when they were writing the legislation.)

      Thomas Jefferson would have explained to you that in a free market...

      You shouldn't use the quotes of people without making sure that you know what their true feelings are. Jefferson argued strongly against any intellectual property protection at all, since he felt that ideas of any kind should be free.

      Even after he eventually went along with the Constitutional phrase about IP, he argued for a strong interpretation of the "limited time" part of the IP clause. Here's an interesting link to some quotes from Jefferson & Madison concerning this subject (found with a quick Google).

    37. Re:in related news... by sm62704 · · Score: 1

      How did that get rated "insightful?" I've seen more insight from a five year old!

      He didn't say he went to Wal Mart to shoplift, he said he refused to go there. Oh, you're equating copyright infringement with stealing. Well, I'll leave it to someone else to explain the difference to you, I can't seem to find small enough words to explain it to an RIAA shill.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    38. Re:in related news... by sm62704 · · Score: 1

      I like WQNA "The Edge". You might hear punk, you might hear jazz, you might hear soul, you might hear anything. I once heard, in order, a Johnny Cash song followed by a Dead Kennedys song followed by a Frank Sinatra song!

      A friend of mine does the blues show there on Sunday afternoons (hi, Mike!)

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    39. Re:in related news... by sm62704 · · Score: 1

      Give me a nice list of all the legitimate (read: legal) uses for LimeWire, and I'll believe you.

      All? You want ALL the legit reasons for using Limewire?

      Do you have any idea how many bands out there WANT their stuff shared? I'll give you a hint: it's damned near every single one with a non-major label CD. And there are ten times as many of those as there are RIAA bands.

      The labels don't want to stop your sharing "Staynd". You can sample a better MP3 of it off the radio, if you actually wanted to hear that whiney minor key shit.

      No, they want to kill P2P so my friends, who are competetitors to the majors' bands, can't get THEIR music out!

      Here, Have some free MP3s (scroll to the bottom for 4 CDs worth). Or if you prefer lossless, here are some more friends in a different band.

      Two are by no means "all" but it should give you a start.

      Hosting those multimegabyte files is expensive. P2P is free. Every unsigned band is a legitimate reason for Limewire.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    40. Re:in related news... by Levilprivateer · · Score: 1

      It only makes you hang your head because you don't quite grasp the concept of copyright, I imagine. You seem to have this false impression that copyright covers ideas. It does not.

      Copyright law protects specific works, not ideas. Go ahead, look it up.

      But, to address your other points... no, companies are not entitled to profit. They are, however, entitled to the exclusive distribution rights of any IP that they control, for the time period permitted by law. If they determine that they want to sell copies of the IP under a limited license (also their right), then they are entitled to do so. You're not required to use their IP, and thus, they are not entitled to the profit they'd get if you were to use it under their terms.

      And... socialist experiment? That's amusing. If anything is socialist in the conversation, it is the belief that specific works should be instantly public no matter what. Yay, let's all force people to share for the greater good! IP laws do not prevent the free flow of ideas as ideas are not subject to copyright. They do, however, protect creators' rights to their IP for a reasonable time period.

      If you're going to pirate, pirate. Just don't pretend that it's some moral crusade against those evil people who have the audacity to actually want to be compensated for something they own the IP rights for. You want to argue length of time copyright should be valid? Think it should be shorter? Me too. Think the the length of copyright stifles innovation and cultural growth? Me too. Think that your opinion gives you the right to other people's IP? Sorry, no.

    41. Re:in related news... by Millenniumman · · Score: 1

      Copyright infringement is stealing intellectual property. Musicians, writers, and programmers are making something, and it is their property unless they agree to give it to others, in which case others obtain all of their rights over it, or allow others to use it. Without laws enforcing this, we would not have most software, literature, and music.

      I don't necessarily approve of all of the RIAA's actions, and I strongly dislike DRM. But stealing from them will only make their policies worse, and is morally wrong. The solution is to stop buying from them.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    42. Re:in related news... by Anonymous Coward · · Score: 0

      Calling illegal downloading "stealing" is a misapplication of the word.

      Nothing is "taken." Nothing is "stolen." No plagerism takes place. You're replicating data, creating another instance of a file, not robbing others of their possessions.

      "Stealing" is a negative frame put forth by the **AA.

    43. Re:in related news... by gtm256 · · Score: 1

      I haven't bought a CD in 10 years. Partly because of the RIAA suing the hands that feed them, but more so because I don't want to own lots of little plastic disks that are going to have to be organized, shelved, and tended to. IP is intangible and I'm already not a big fan of collecting tangible things like stamps, so why in the world would I want a collection of things that aren't really there at all?

      I don't understand why we can't have a distribution service devoid of DRM that lets me download and use whatever I want. The amount of IP out there is larger than what I can store and organize on my PC. And so I would gladly pay 30 bucks a month for a service that lets me freely access new and old content in an organized and fun way.

      The RIAA is gloming onto this DRM because they've had it so good for so long and they just don't want to give it up. They are the corporate equivalents of the crusty old men that refuse to let go of the old ways. They could still maintain their empire if they'd just get their heads out of their asses. But I'm personally hoping they don't adapt and are destroyed by technological progress. It's really what they deserve for attacking their consumers.

    44. Re:in related news... by jZnat · · Score: 1

      Since the artist will be making most of their money from concerts and tours, I don't think they'd disagree with all that extra publicity with cheap albums.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    45. Re:in related news... by jZnat · · Score: 1

      Stealing intellectual property seems more like a situation like this:

      You're a record company, and you find a new band that seems quite promising. You record a few albums for them, and decide to let them off, lying to them about how much they suck. Then you go and sell their music for shittons of money. They can't do anything about it because they signed their copyright off to you. You just effectively stole their IP from them, and now you are the only one who can make money off of it.

      Copying something doesn't deprive the copyright holder of their copyright, so it is not theft. You should also note that words like "theft" have strict legal meanings, and interweaving it with concepts like IP is not a good idea. Theft can only legally happen with physical items ("theft of services" is a different topic as far as I recall), not copies of ideas.

      Of course, I am not a Bar-certified lawyer, but I have lawyer friends and a good background in law (not enough to be a lawyer without more schooling, but enough to know what the hell I'm talking about).

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    46. Re:in related news... by jZnat · · Score: 1

      By the way, a search in 17 USC (Copyright) finds one result for the word "theft" (only mentions that theft of a phonorecord does not count as voluntary distribution in 17 USC 115), and "steal" doesn't even appear. Phrases like "IP theft" were made up by PR for the **AA organisations.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    47. Re:in related news... by mOdQuArK! · · Score: 1

      I've familiarized myself thoroughly with common implementations of IP, thank you very much.

      Unlike you, I've also familiarized myself with the historical background of IP, typical motivations, and arguments for & against.

      They are, however, entitled to the exclusive distribution rights of any IP that they control, for the time period permitted by law.

      No, they are _allowed_ to do so, not entitled. And the _reason_ they were permitted such control over is because it was thought that such an legislated-control would encourage innovation to the overall benefit of society.

      Unfortunately, even though there are a lot of people like yourself who firmly believe that companies have the "right" to protect their so-called "intellectual property" by violating the actual private property rights of individuals, there have never been any properly-controlled studies to indicate that the concept of IP, as currently implemented, has provided any net benefit to society. Furthermore, there is an increasingly large body of anecdotal evidence indicating that the current implementation of IP is _inhibiting_ innovation, causing countries with strong enforcement of IP laws to be at a economic competitive disadvantage with countries that don't.

      And... socialist experiment? That's amusing. If anything is socialist in the conversation, it is the belief that specific works should be instantly public no matter what.

      Way to distort the argument. Ideas are ideas. Property is property. The two aren't the same, no matter how much you try and make them so.

      Free markets only deal with real, physical property (goods) and services, not "pretend" property like IP. If you have to use the government to enforce any other kind of behavior other than private property ownership and/or contracts, then the market can no longer be considered "free". If the government enforcement of an artificially-legislated "right" is motivated by a desire to "encourage innovation", then this is a _socialist_ activity, not capitalist.

      Until you acknowledge that all IP laws are a government-enforced legal construct designed to artificially distort normal market forces, you are going to construct your arguments on a fundamentally-flawed logical framework.

    48. Re:in related news... by Levilprivateer · · Score: 1

      I've familiarized myself thoroughly with common implementations of IP, thank you very much.

      Obviously not, if you still insist that copyright covers ideas. And copyright IS the issue here. The original argument was justifying piracy based on a) the assumption that record companies constitute a monopoly and b) an individual is justified in violating the rights of IP holders because he or she disagrees with the pricing model.

      No, they are _allowed_ to do so, not entitled. And the _reason_ they were permitted such control over is because it was thought that such an legislated-control would encourage innovation to the overall benefit of society.

      Per the Constitution, as interpreted by law, they are entitled to do so. You might as well say that you are "allowed" to own a firearm, or you are "allowed" to speak freely.

      Ideas are ideas. Property is property. The two aren't the same, no matter how much you try and make them so.

      Let me correct you AGAIN. Ideas are ideas. Specific works, whether a song, a book, or a track on the latest album of choice, are specific works. Failure to distinguish between IDEAS, which present a general framework for a specific work, and specific works, which are specific, quantifiable bits of creation, is a failure to understand copyright law.

      Free markets only deal with real, physical property (goods) and services, not "pretend" property like IP.

      Oh really? So that electronic money I have sitting in my bank account is real, physical property, despite the fact that most of it has no real-world counterpart, can be electronically duplicated with the right tools, and could indeed be copied using those same tools to hundreds of thousands of people? That someone suffers incidental loss is irrelevant... after all, I'm only trading pretend property.

      If you have to use the government to enforce any other kind of behavior other than private property ownership and/or contracts, then the market can no longer be considered "free".

      Aah. This argument. This also applies to the above. What's more, it should also leave the government out of protecting your identity. After all, your identity is an abstract construct of credit scores, criminal records, and purchase histories. My using your identity does not prevent you from using it, right? You may suffer an inconvenience or a loss of income if I use your identity to get credit, but that's not MY problem. I'm just taking an action that does not infringe on your property or your contracts.. an action that government should have control over.

      Until you acknowledge that all IP laws are a government-enforced legal construct designed to artificially distort normal market forces...

      Your "distortion of normal market forces" is also known as the Constitution of the United States of America. Until you acknowledge that abstract property does have value, both monetary and societal (you do value your bank account and your money, right?), you're basing your arguments on an anarchist ideal that will never come to pass because it makes absolutely no sense to those who create and those who support creation.

    49. Re:in related news... by Anonymous Coward · · Score: 0

      Yeah! That damn public library racket killed the publishing industry. It's a damn shame people who wanted "Intellectual Property" didn't keep their thoughts in their heads! Here's an idea. Wear a tinfoil hat and no one can steal your ideas.

    50. Re:in related news... by rtb61 · · Score: 1
      That is what it is all about, free content distributed for free. There will always be people out their who will produce content for free and share it because they enjoy doing so. There might not be all that much of it but due to digital recording it can last virtually for ever.

      So each year the free to share, change and redistribute library will grow and eventually strangle the RIAA and it's BS marketing engine to death. Live music will always have it's place it the creation of shared memories but the over hyped, mostly faked in terms of performers and content, has had it's moment in the sun and is fading into history. Pity the poor investors who hang on to long to the dying stock.

      The funniest thing is of course the RIAA et al picking on China for not enforcing the copyright rules, of course the average chinese factory worker will spend half their monthly salary to buy a 'single' copy of the latest music CD, talk about delusional sales forecasts.

      So they are now desperate to kill the free to distribute part of creative commens content, so they want to encunber people with hugely expensive servers and software to monitor and filter (i.e. shut them down because they can't afford it) or they will require word filtering (basically attempting to steal copyright on every individual word in every language again shutting down the networks). Watch them try to introduce the new model, you create content and want to distribute it for free and they will require payment so you can have permission to do so, (they have already stolen money that way via CDR taxes) now watch them try to steal even more via P2P licencing fees (distribute and access) and it is stealing when you create content and have to pay them so you can give it away.

      --
      Chaos - everything, everywhere, everywhen
    51. Re:in related news... by AK+Marc · · Score: 1

      Thomas Jefferson would have explained to you that in a free market, the price is set by the demand for the item.

      Thomas Jefferson would have been against the IP laws we have. Also, I would hope he would have not made the statement you fabricated. It's much more accurate to say that price is set (in the absence of a monopoly) based on *supply* and demand. The supply for CDs is very high at a very low cost. Thus, with the mediocre demand, they should drop in price to entice more people into buying them. That's the cornerstone of economics. However, the monopoly is keeping the price inflated and complaining about demand decreasing (or even not increasing as fast as they would like). It is the absence of the free market that dominates IP. The IP laws in the US establish a monopoly. That means that free market rules don't apply.

      Recap:
      Jefferson never said that, and never would have.
      The price is not set by demand in a free market (you left out the equally important "supply").
      Copyright is not in any way "free market." It is a monopoly, by definition.

      Wow, one sentence and you got three major points wrong. I'm beginning to wonder if they are intentional errors. Why do you think government protections of private ideas are so important?

    52. Re:in related news... by hawridger · · Score: 1
      Actually, I think this will be THE case to decide whether P2P networks like Gnutella are "capable of a substantial non-infringing use" as the Sony rule requires. Grokster did not destroy the Sony rule because it did not apply the Sony rule to the defendant's in the Grokster case. It didn't have to. The court applied a new, but intuitive, inducement rule. I saw this case coming right after Grokster was decided.

      Below is an excerpt from an unpublished paper I wrote last year on the Grokster decision:

      While admonishing the Ninth Circuit, the Court noted the limitations of Sony's application in indirect infringement cases. The Sony rule is limited to liability arising from the actual product and "where evidence goes beyond a product's characteristics or the knowledge that it may be put to infringing uses, and shows statements or actions directed to promoting infringement, Sony's staple-article rule will not preclude liability." Rather, the Court adopted the inducement rule, which states "that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties." Noting the differences between liability under Sony's staple article rule and the conduct surrounding it, the Court stated that "[t]he inducement rule [] premises liability on purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise."

      After adopting the inducement rule, the Court made short work of finding sufficient evidence in the record to deny Grokster and StreamCast's motions for summary judgment. The Court noted that the evidence of both companies' attempts to capitalize on the illegal Napster empire was overwhelming. Additionally, the fact that neither company attempted to implement filtering mechanisms implied intent to induce infrinement. Finally, the Court noted the evidence that the defendants' business model is founded on financial gain resulting from their users' direct infringement of copyrighted works.

      Presumably, the inducement rule swallows up the knowledge prong of the contributory test and, perhaps, rightfully so. The inducement rule contemplates intent upon the part of the contributory infringer and intent has always been a higher measure of culpability than knowledge. Concurring with the unanimous decision of the Court, Justice Ginsburg, joined by Chief Justice Rehnquist and Justice Kennedy, felt that distribution of their software might have landed Grokster and StreamCast outside of the Sony staple article of commerce rule. Because of the abundant noninfringing uses of the Betamax, Ginsburg noted "there was no need in Sony to 'give precise content to the question of how much [actual or potential] use is commercially significant.'" Ginsburg stated, "declarations [of substantial noninfringing uses] do not support summary judgment in the face of evidence, proffered by MGM, of overwhelming use of Grokster's and StreamCast's software for infringement." Furthermore, Ginsburg noted, "the evidence was insufficient to demonstrate, beyond genuine debate, a reasonable prospect that substantial or commercially significant noninfringing uses were likely to develop over time. On this record, the District Court should not have ruled dispositively on the contributory infringement charge by granting summary judgment to Grokster and StreamCast."

      Also concurring with the unanimous decision of the Court, Justice Breyer, joined by Justices Stevens and O'Connor, responded to Ginsburg's assertion that the Grokster and StreamCast software does not pass the Sony muster. Breyer homed in on the specific language of the Sony rule, noting that Sony "ask[ed] whether the product is 'capable of' substantial noninfringing uses." Applying the Sony rule to the Grokster and StreamCast software, Breyer noted the following:

    53. Re:in related news... by Mr2001 · · Score: 1
      Let me correct you AGAIN. Ideas are ideas. Specific works, whether a song, a book, or a track on the latest album of choice, are specific works. Failure to distinguish between IDEAS, which present a general framework for a specific work, and specific works, which are specific, quantifiable bits of creation, is a failure to understand copyright law.

      This distinction between "ideas" and "specific works" is nothing but semantic bullshit from copyright advocates. Copyrighted works are information; ideas are information. A song is just as much of an idea as the speed of light or pi. There's no real difference between (1) the idea of singing "hit me baby one more time" while playing certain notes, (2) the sound that results from doing so, and (3) the idea that if you feed a certain sequence of bytes into your MP3 player, you'll hear that same sound again.

      And in any case, Jefferson's arguments against the ownership of ideas apply just as well to copyrighted works as they do to ideas in general. You can light your candle from mine without darkening me; you can learn my ideas without taking them away from me; and you can copy or perform my song without taking it away from me.

      My using your identity does not prevent you from using it, right? You may suffer an inconvenience or a loss of income if I use your identity to get credit, but that's not MY problem. I'm just taking an action that does not infringe on your property or your contracts..

      That action is fraud, and I think we can all agree that preventing fraud is a legitimate use of government power: you're lying in order to obtain something of value under false pretenses.

      Until you acknowledge that abstract property does have value, both monetary and societal (you do value your bank account and your money, right?), you're basing your arguments on an anarchist ideal that will never come to pass because it makes absolutely no sense to those who create and those who support creation.

      You seem to be forgetting those of us who create, support creation, and still don't support the use of government power to prevent people from copying information. What makes absolutely no sense to me is the idea that one person should be able to suppress my freedom of speech (the ability to share certain information) just because limiting my speech makes it easier for him to make money.
      --
      Visual IRC: Fast. Powerful. Free.
    54. Re:in related news... by jez9999 · · Score: 1

      But we're not buying from them! And they're suing our file sharing services because we're not buying from them!

    55. Re:in related news... by Zeneris · · Score: 1

      I don't understand why anyone still uses Limewire and Gnutella; Bittorrent, it's much more efficient for sharers and leechers, is well know to have large legitimate uses, has many client and tracker programs, and allows more secure communications.

    56. Re:in related news... by Archeopteryx · · Score: 1

      I use it because with Bittorrent you need to know where something is before you can download it. With Limewire, you can search. For example, if you search for Old Time Radio, you find things you didn't know existed prior. And you can share all files in a huge collection individually without having to maintain a torrent for each and every one!

      --
      Dog is my co-pilot.
    57. Re:in related news... by StikyPad · · Score: 1

      I prefer to wait till my jazz is in the stable stage. Occasionally I'll try unstable jazz when there's no stable version available, but I never mess with the experimental builds.. they're just too unpredictable.

    58. Re:in related news... by cheesybagel · · Score: 1
      The industry is a monopoly, based on so called copyright. If it is not a monopoly, please tell me which other legal supplier is there for e.g. Metallica than that RIAA cartel member. The whole way modern copyright was founded, i.e. the Berne convention, was to me little more than some sort of state social security scheme for presently unproductive old farts like Victor Hugo or, more recently, Sonny Bono. Unfortunately copyright is increasingly not even good for that. It is mostly used by rent-seeking corporations like Disney for profit, on creations made on work for hire by someone who is long dead.

      You are not even wrong. Copyright could be abolished today without rewriting the constitution of the USA.

      Article I, Section 8, of the Constitution of the USA merely states Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

      Since when is music a useful art or science? The fact is, when the constitution was written, music was not even intended to be covered by that article. It was meant for inventions, scientific and technical works. Also, the Constitution says Congress shall have the power to grant copyright, not that it is mandatory for copyright to exist.

      Producing music and movies has indeed several costs. Which could be covered in ways other than the present scheme. There should not be a monopoly on distribution: for example, everyone could be allowed to produce copies as long as the author was compensated by a given fixed per copy fee. This is, from what I understand, similar to how licensing of music lyrics works. Or copyright could be simply abolished altogether. Musicians could for example, rely on touring for generating profit. But I guess having to actually work to earn money, instead of collecting rent would be too much for some people...

    59. Re:in related news... by sm62704 · · Score: 1

      Copyright infringement is stealing intellectual property.

      No, it isn't. If I steal your car, you have no car. If you infringe my copyright, I still retain my copyright; I have lost nothing. This isn't saying infringing copyright is morally correct; I get pissed off when someone plagairizes my stuff. But it ISN'T stealing.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  4. BS by jimktrains · · Score: 3, Insightful

    This is like sueing Remington because guns make it easier to kill people.

    --
    "You will do foolish things, but do them with enthusiasm." - S. G. Colette
    1. Re:BS by TFGeditor · · Score: 3, Insightful

      "This is like sueing Remington because guns make it easier to kill people."

      You do realize this has been done (unsuccessfully) by dozens of city governments against a variety of gun manufacturers and importers?

      --
      Ignorance is curable, stupid is forever.
    2. Re:BS by jimktrains · · Score: 1

      1) It's stupid
      2) as you said, it was unsuccessfull

      --
      "You will do foolish things, but do them with enthusiasm." - S. G. Colette
    3. Re:BS by TFGeditor · · Score: 1

      I once wtote an editorial encouraging cities to sue liquor manufacturers for all the carnage caused by their products: vehicle accidents, unwanted pregnancies, teen alcoholism, etc. I further suggested that to "reduce the amount of alcohol on the streets and preven 'straw purchases', we need laws limiting alcohol purchases by individuals to no more than one U.S. gallon in aggregate per month."

      Further, automobiles cause thousands of deaths per year, are used to commit and facillitate crimes, etc. So, why isn't somebody suing auto makers?

      **AA and those of similar mindset are prime examples of ignorance (or maybe stupidity) gone to seed.

      --
      Ignorance is curable, stupid is forever.
    4. Re:BS by packeteer · · Score: 1

      The difference is that Remington has lots of money to buy lawyers to defend themselves. If the government going after you for something equally as stupid your probably out of luck becuase you can afford million in legal fees.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    5. Re:BS by Hercules+Peanut · · Score: 2, Insightful

      You do realize this has been done (unsuccessfully) by dozens of city governments against a variety of gun manufacturers and importers?

      You do realize that the gun lobby is much better funded than the P2P lobby, right?

    6. Re:BS by Stonehand · · Score: 1

      They probably can't outspend the Department of Housing and Urban Development, however.

      --
      Only the dead have seen the end of war.
    7. Re:BS by PatTheGreat · · Score: 1

      Oh oh oh! I saw this Law and Order!

      They lost the case.

      --
      Google: "All your data are belong to us."
    8. Re:BS by nevernamed · · Score: 2, Informative

      I agree. The more that you penalize people for the things they make the less innovation you will have. Those idiots are stifling creativity.

    9. Re:BS by Kohath · · Score: 1

      You do realize that the gun lobby is much better funded than the P2P lobby, right?

      Were they lobbying the courts?

      The gun industry also has that whole "right to bear arms" thing going for it. I think it might be a factor in their success.

    10. Re:BS by Anonymous Coward · · Score: 0

      I think you have that backwards, the gun lobbies, gun supporters, and those in the arms business could easily out spend a city and probably many states. As what most would call a "gun-nut" I'm glad for this.

    11. Re:BS by ramsj900 · · Score: 1

      You seem to have forgotten about the Grokster precedant recently affirmed bythe US Supreme Court. So does Limewire fit the precedant? Does Limewires requirement that in order to upgrade to any newer version (free basic or for $ Pro) users are asked to admit that they are or are not going to use Limewire to potentially infringe on any copyright laws? Does this get Limewire off the hook they way the surgeons general warning on cigarettes?

      --
      Relax, aren't you lucky that it is only my Opinion?
    12. Re:BS by McGiraf · · Score: 4, Insightful

      "This is like sueing Remington because guns make it easier to kill people."

      Nah, people are not copywrited, you can do whatever you what with them, anything is fair use.

    13. Re:BS by Unknown_monkey · · Score: 1

      No, They'd only blame Remington if those people had really bad facial hair.

      I'd be hard to kill someone with one of those Remington products. But the Epilator, that does sound like a true instrument of death.
      I think the CIA uses those to torture terrorism suspects.

    14. Re:BS by niktemadur · · Score: 1

      Were they lobbying the courts?

      The legislative branch of government makes the laws, the judicial side implements them in the courts.

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    15. Re:BS by Anonymous Coward · · Score: 0

      Just sue god. Problem solved.

    16. Re:BS by paulmer2003 · · Score: 1

      Fuck gun lobby - they are all insane...Go around and troll about how guns are bad, when only there is a minority of gun owners whom cause truble. If you were to do a prohibition on guns only the lawless would have guns..

    17. Re:BS by MirrororriM · · Score: 1
      "This is like sueing Remington because guns make it easier to kill people."

      You do realize this has been done (unsuccessfully) by dozens of city governments against a variety of gun manufacturers and importers?

      Yes, I belive the cases were dropped because they fell under the statute "Blaming guns for killing people is like blaming spoons for fat people".

      Actually, the reason the gun case was dropped is likely because then people could just say "I didn't kill that man, the gun made me do it!". Then say hello to every murderer in prison appealing their guilty ruling.

      --
      Content Management System: A pretentious way of saying "text editor."
  5. Which is why... by barakn · · Score: 4, Insightful

    Xerox should be sued for first marketing the photocopier.

    --
    "I'm so moist I'm sticking to the leather." -Kermit the Frog on The Late Late Show
    1. Re:Which is why... by Hotawa+Hawk-eye · · Score: 3, Funny

      No, they will first sue International Paper, Bic, Dixon Ticonderoga, or Crayola. After all, paper, pens, pencils, and crayons can all be used to make copies of pages of song lyrics or a scene of a movie.

      And why stop there? Since blood can technically be used as a writing medium, the RIAA and MPAA will soon take the drastic step of suing every person on Earth with blood flowing in their veins.

    2. Re:Which is why... by Fluffy_Kitten · · Score: 0

      good thing I'm a vampire

      --
      People who have no sig are cool
    3. Re:Which is why... by Barny · · Score: 4, Funny

      You still have blood in you, and its pirated blood at that!

      --
      ...
      /me sighs
    4. Re:Which is why... by Alsee · · Score: 1

      Since blood can technically be used as a writing medium, the RIAA and MPAA will soon take the drastic step of suing every person on Earth with blood flowing in their veins.

      But then how are the RIAA going to have artists sign their contracts?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  6. Why aren't ISPs being sued instead? by joshetc · · Score: 4, Insightful

    Or computer manufactuers, maybe just CD burner or hard disk makers. They all equally "allow" people to pirate via their resources. Just as much as limewire does at least..

    1. Re:Why aren't ISPs being sued instead? by joshetc · · Score: 1

      Sorry, meant to say as well. Almost forgot the RIAA is a bunch of greedy bastards.

    2. Re:Why aren't ISPs being sued instead? by Stonehand · · Score: 1
      Safe-harbour provisions.


      In addition, they're considered neutral as they aren't based on encouraging the infringement. If Limewire built a business model around users' infringement and encouraged it, they've got problems.

      --
      Only the dead have seen the end of war.
    3. Re:Why aren't ISPs being sued instead? by Ruff_ilb · · Score: 1

      "Internet networks are in many respects already treated like common carriers. ISPs are largely immune from liability for third party content. The Good Samaritan provision of the Communications Decency Act established immunity from liability for third party content on grounds of libel or slander. The DMCA established that ISPs which comply with DMCA would not be liable for the copyright violations of third parties on their network."

      http://en.wikipedia.org/wiki/Common_Carrier

      --
      http://www.TheGamerNation.com/Forums
    4. Re:Why aren't ISPs being sued instead? by joshetc · · Score: 2, Insightful

      Uh, so isn't limewire then a common carrier as well? They don't segregate for or against any type of traffic..

    5. Re:Why aren't ISPs being sued instead? by AlgorithMan · · Score: 1

      in the UK they have plans for such laws making ISPs liable for the traffic going through their servers...
      to show that this is the idea of a clueless politician (on voter hunt) I say five words and one number:

      ssl connection tunneled over port 80

      --
      The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
    6. Re:Why aren't ISPs being sued instead? by Ruff_ilb · · Score: 1

      First of all, if you look at the actual meat of the quoted content above, it mentions that only ISPs are immune under the DMCA. That's one reason that limewire isn't a common carrier.

      Secondly, limewire doesn't have the funding or the lobbying power to allow them to have such a protected status, unlike major ISPs.

      --
      http://www.TheGamerNation.com/Forums
    7. Re:Why aren't ISPs being sued instead? by darkmeridian · · Score: 1

      The logic is stupid. Are we going to sue Symantec because they profit from malware and viruses? We provide tools that have many uses, one of which is illegal. What the hell is their point?

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    8. Re:Why aren't ISPs being sued instead? by trytoguess · · Score: 1

      Um... difference in magnitude, and ease of use. It's way more efficient, and likely a file would be given to thousands of people via p2p.

    9. Re:Why aren't ISPs being sued instead? by baadger · · Score: 1

      > ssl connection tunneled over port 80

      You mean port 443. Also, some UK ISP's transparently (*cough* NTL *cough*) transparently redirect all port 80 traffic through their web caching servers.

      It's irrelevent anyway, if ISP's were forced to abolish P2P they could simply block all inbound connections to residential/consumer IP's.

  7. Time to sue Sony... by DSW-128 · · Score: 4, Funny

    For making computers, and CD and DVD burners... They're the real enemy!

    --
    This .sig is printed on 100% recycled electrons, but is best viewed using 100% fresh photons.
    1. Re:Time to sue Sony... by DeathIsHere · · Score: 1
      They (CDr/DVDr CDs and Burner manufactures) do not sue because they are already giving money!

      Every Music CDR since the AHRA was enacted has a hidden tax built into the price! (2% of the manufacturers sales) This is supposedly to pay the artists for home recording.

      ...In addition every CD recorder has a $2.00 surcharge built into the price that goes directly to the RIAA http://www.boycott-riaa.com/facts/truth

      There is a lot more on the site but you get the idea.

  8. good precedent by User+956 · · Score: 1

    The case is the first piracy lawsuit brought against a distributor of file-sharing software since the U.S. Supreme Court ruled last year that technology companies could be sued for copyright infringement on the grounds that they encouraged customers to steal music and movies over the Internet.

    Maybe next, they can arrest me for trespassing, because I'm encouraging all you to go stand on your neighbors' lawns without permission.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:good precedent by westlake · · Score: 1
      Maybe next, they can arrest me for trespassing, because I'm encouraging all you to go stand on your neighbors' lawns without permission.

      or maybe they can arrest you for incitement to commit a crime: Advocacy of Unlawful Action and the "Incitement Test"

      for which the penalty is likely to be greater than simple trespass.

    2. Re:good precedent by sm62704 · · Score: 1

      or maybe they can arrest you for incitement to commit a crime: Advocacy of Unlawful Action and the "Incitement Test" for which the penalty is likely to be greater than simple trespass.

      That's like why copyright infringement is NOT stealing. You can actually go to prison on a Federal felony for breaking DVD's brain dead copy "protection", but if you get caught shoplifting the DVD from a store it's a $100 misdemeanor.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  9. Sun's java.com website still has LimeWire by CFrankBernard · · Score: 2, Interesting

    Sun's java.com website still has LimeWire: http://java.com/en/desktop/limewire.jsp and a banner for downloading it was recently on the java.com front page.

    1. Re:Sun's java.com website still has LimeWire by sm62704 · · Score: 1

      Or you could download it from Limewire.

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  10. The RIAA has no case by cwalk · · Score: 5, Interesting

    When you download limewire from limewire.com, you are prompted to make the following decision before your download begins: 1) I might use LimeWire BASIC for copyright infringement. OR 2) I will not use LimeWire BASIC for copyright infringement. Case closed.

    1. Re:The RIAA has no case by cpt+kangarooski · · Score: 2, Interesting
      Sorry counselor, but that isn't good enough.

      It sounds as though RIAA is using the new inducement theory of indirect infringement. The rule there is:

      [O]ne who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.


      In applying that rule, the Court looked at everything from Grokster's business plan, advertisements, technology, and even their name. A little prompt might be a factor in LimeWire's favor, but that fig leaf isn't going to save them.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:The RIAA has no case by boaz112358 · · Score: 1

      Your basing your whole case on the fact that they ask you to promise not to steal stuff? If I ever get sued, remind me not to hire you as my defense attorney.

    3. Re:The RIAA has no case by Rutulian · · Score: 1

      I'm not so sure they'll be able to pull this off, though. Limewire is a Gnutella client. Everything is distributed. It isn't like Napster where they had a centralized search engine to find pirated music. The only thing Limewire does is implement the Gnutella protocol, which means you can use it to search for any shared files. Even if the Limewire people wanted to block copyrighted material, there isn't a feasible way for them to do it. Block by filename and people will just change it to something else. Prevent searching for certain search terms and people will start to use secret keywords. There's just no way for a blacklist to keep up with attempts to circumvent it. So then you could sample individual files looking for signatures, but that a) would slow things to a crawl, b) probably wouldn't be resistant to changes in encoding/bitrate. So in addition to just mp3 signatures, you would have to check ogg/wav/flac/aac.... And if you ever took it that far, people would just start hiding things in archives or using encryption. Blocking files or searches just isn't going to be possible.

      As for legitimate uses of Limewire, there are plenty: shareware, freeware, Creative Commons licensed stuff, samples/demos/free trials, not copyrighted stuff...now you can argue that Limewire isn't used for these things 90% of the time, which is probably true. But Limewire has a pretty clear defense: software was built to promote legal filesharing, software accomplishes this goal (see random statistic showing legally shared files), yes illegal filesharing happens, but there is nothing we can do about that above and beyond what we are already doing (putting strong warnings everywhere and allowing content owners to submit a SHA1 hash of files they don't want distributed).

    4. Re:The RIAA has no case by dreamlax · · Score: 1

      It's a disclaimer isn't it? If you agree that you won't use LimeWire for illegal purposes then it is YOUR responsibility. LimeWire won't function without an OS, and most OS disclaimers say the same thing, that you can't use it for illegal purposes. Lots of different software enable you to do illegal things. You can burn illegal CDs with Nero. You can set up an illegal website with Apache. You can print illegal documents with Word. Hell, you can write illegal software (i.e. software which performs illegal tasks) with Visual Basic. All of these programs have their intended purposes, and LimeWire also has its place there. Just because it can be used illegally, you've agreed and told them that you won't, so they [the LimeWire vendors] give you a copy. Surely this contract has some sort of legal privelege one way or another.

      There are a lot of things which contribute to piracy. The Internet is probably the biggest one. If LimeWire is shut down, the Internet will still exist, and the biggest problem is still there. It will delay it, sure, but it will not stop it.

    5. Re:The RIAA has no case by DRM_is_Stupid · · Score: 1

      Well, I have also seen built-in filtering mechanisms in LimeWire that aims to prevent sharing of copyrighted content. Not sure how it works in detail, though.

      On the contrary, according to TFA's summary of the record companies' complaint, LimeWIre, LLC, is actively facilitating, encouraging and enticing computer users to "steal music by failing to block access to copyright works and building a business model that allows them to profit directly from piracy." The actual instances of p2p piracy occurs with no money being exchanged, so I'm not sure how they will show that LW profits directly from it.

      There seems to be several layers where misunderstandings and misinterpretations can be introduced: by the lawsuit's plaintiff, by TFA summary, by Slashdot's summary of TFA's summary of the lawsuit, or by interpretations made in Slashdot posts. So who knows what's actually going on.

    6. Re:The RIAA has no case by Shawn+is+an+Asshole · · Score: 1

      The actual instances of p2p piracy occurs with no money being exchanged, so I'm not sure how they will show that LW profits directly from it.

      Limewire Pro.

      --
      "It ain't a war against drugs.it's a war against personal freedom" --Bill Hicks
    7. Re:The RIAA has no case by cpt+kangarooski · · Score: 1

      Blocking files or searches just isn't going to be possible.

      That's what Grokster and Napster said, too. Look what happened to them.

      But Limewire has a pretty clear defense

      The Grokster case teaches us that that argument is only a defense to a charge of infringement based solely upon the capability of the technology at question to facilitate infringement. It is not a defense when, like in Grokster, the defendant is encouraging infringement when you look at all of its words and deeds.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:The RIAA has no case by Anonymous Coward · · Score: 0

      Yeah, well, the "LimeWire" network isn't LimeWire's to block and filter. The same can't be said of FastTrack based networks.

      In fact, the "biting the head off the snake" theory can't possibly work for LimeWire, since people can simply switch clients, without switching networks. Everyone could switch to a client developed by an anonymous Romanian software developer with negative net worth. Not such a juicy target.

  11. They're still going after the wrong people... by RulerOf · · Score: 5, Funny

    It's amazing to me that the RIAA hasn't figured out that they really need to sue those bastards that wrote TCP/IP and didn't think for a minute to include DRM in the original description... They've made so much money since all the networks that operate on the protocol so viciously promote piracy of copyrighted material. They should pay for their lack of foresight.

    --
    Boot Windows, Linux, and ESX over the network for free.
    1. Re:They're still going after the wrong people... by Anonymous Coward · · Score: 0

      Better yet, they shoud sue Al Gore. After all, he claims he's the one that invented the Internet. ;)

    2. Re:They're still going after the wrong people... by Barny · · Score: 1

      IPv7?

      Uhh, actually, on second thoughts, i shouldn't give them ideas...

      --
      ...
      /me sighs
    3. Re:They're still going after the wrong people... by Alsee · · Score: 2, Funny

      And what do all of those copyright infringing TCP/IP computers run on? Electricty. And how is 90-odd percent of that electricity generated? By burning stuff... with ...[dun-dun-DUUNNNNN]... FIRE.

      The RIAA needs to sue that bastard Ogg. I don't care that that bastard died a hundred and something tousand years ago. The RIAA should hire a crack squad of archeologists to dig his fossilized bones up and nail his ass in court.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  12. Man, that's a downer by Anonymous Coward · · Score: 2, Funny

    Thank God I use eMule.

    1. Re:Man, that's a downer by ThePengwin · · Score: 1

      You never know, it could be next.

    2. Re:Man, that's a downer by Anonymous Coward · · Score: 0

      Latelly I've been doing some research on the so called 3rd generation p2p protocols, and I've read a web forum post somewhere about a user who had problems with his ISP for downloading copryrighted material with eMule...
      So... beware!

      When the porn site industry start to lawsuit for downloading site rips... then I'll be fscked up.

  13. Wrong Lawsuit by Mishotaki · · Score: 1

    "claiming the firm encourages users to trade music without permission"
    Wait... nowadays, we get a license to listen to the songs... you get DRM that stop you from doing anythign you want with what you buy....

    Shouldn'T they sue the disk companies for that? i mean it's much more easier to use ripped songs than the official DRMed/Rootkitted songs that the music companies are giving us....

  14. Missing the point by Mayhem178 · · Score: 4, Interesting

    I think some people are missing the point here. LimeWire isn't under the gun because it "allows" users to illegally trade copyrighted material. The RIAA is asserting that the operators are encouraging its users to break copyright laws.

    This claim is not unlike an accusation of slander. It's very difficult to truly prove that the intent of the accused was to cause harm to the accuser, yet this is the burden that the RIAA must now bear. I'm sure they have some sort of "proof" up their sleeves of LimeWire's misdeeds.

    I'm in no way condoning the anti-consumer practices of the *AA as of late, but I suspect that the RIAA will win this one by precedent, sad though that may be.

    --

    "You will pay for your lack of vision..." - Emperor Palpatine to Ray Charles

    1. Re:Missing the point by Stonehand · · Score: 1

      Might be they're hoping to turn something up in a fishing expedition, in case somebody in Limewire was stupid enough to keep an e-mail or other document discussing how they might capitalize on copyright infringement, or if their advertising ever crossed that line.

      --
      Only the dead have seen the end of war.
    2. Re:Missing the point by K9-Cop · · Score: 1

      The proof is obvious to the courts. The courts believe, and probably rightly, that the vast majority of users of the Limewire software are using it to illegally distribute or download copyrighted material. According to their last ruling, for a software like this to be considered OK there must be overwhelming legal use of the software. That is, like most products, it should be used legally like 60% of the time (I'm pulling numbers out of a hat). As such, the software is considered illegal, and any promoters of that software (i.e. Limewire), ought to be sued for promoting an illegal act. Think of it this way, what percentage of Xerox copies are made legally? I'd say, considering business use, at least 90% of the time. What percentage of fridges are used legally? Again, probably 95% of the time. What about cars? A high percentage again. And finally, consider guns? What percentage of all the guns made are involved in a crime? Fairly low on a percentage basis. So, what percentage of the time do you think Limewire is used illegally?

    3. Re:Missing the point by shawb · · Score: 2, Insightful

      Whether LimeWire encourages people to break copyright laws will be left up to the courts, and you can bet that this will reach all the way to the supreme court. LimeWire's main defense here is the little "I might use LimeWire BASIC for copyright infringement." and "I will not use LimeWire BASIC for copyright infringement" radio buttons on the download page. Whether this counts as a binding agreement between LimeWire and the users in such a way that it relieves LimeWire of the responsibility to monitor for and stop copyright infringement is still quite up in the air. I think what's going to kill LimeWire is the offer of LimeWire pro... charging for and profitting from this is going to put a lot more responsibility in their hands.

      And to everyone saying "The RIAA/MPAA is just trying to stop people from watching their stuff without paying" in this case is a strawman argument... this case is about stopping a corporation from directly profiting on the copyright infringement of their legally held intellectual property. Whether or not you believe that Copyright is morally repugnant, it is still protected by law. And it is really hard to claim civil disobedience when you are making a profit.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    4. Re:Missing the point by Mr2001 · · Score: 2, Informative
      According to their last ruling, for a software like this to be considered OK there must be overwhelming legal use of the software. That is, like most products, it should be used legally like 60% of the time (I'm pulling numbers out of a hat).

      That is a misinterpretation of the Grokster ruling and others. Look at the VCR, for example; as long as there's significant noninfringing use, the amount of infringing use doesn't matter.
      --
      Visual IRC: Fast. Powerful. Free.
    5. Re:Missing the point by cpt+kangarooski · · Score: 1

      you can bet that this will reach all the way to the supreme court.

      I'll take that bet. The rule was already settled in the recent Grokster case. Since there's nothing new, the Supreme Court will refuse to hear the case if anyone even bothers to ask.

      LimeWire's main defense here is the little "I might use LimeWire BASIC for copyright infringement." and "I will not use LimeWire BASIC for copyright infringement" radio buttons on the download page. Whether this counts as a binding agreement between LimeWire and the users in such a way that it relieves LimeWire of the responsibility to monitor for and stop copyright infringement is still quite up in the air.

      Wrong again. That's no defense at all. The inducement theory will put all of LimeWire's actions and statements on the table. If they've generally encouraged infringement by word or deed, a peppering of a few warnings not to infringe will not help them out. Nor can anything their users agree to matter in a case between LimeWire and the RIAA.

      think what's going to kill LimeWire is the offer of LimeWire pro... charging for and profitting from this is going to put a lot more responsibility in their hands.

      It'll put a vicarious infringement theory into play, but it's really pretty minor, to tell the truth. They're pretty certainly screwed regardless of whether they had commercial software.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Missing the point by cpt+kangarooski · · Score: 2, Insightful

      According to their last ruling, for a software like this to be considered OK there must be overwhelming legal use of the software.

      That is completely wrong. The Grokster case did not remove the Sony rule. It added a new, independent theory of infringement that bypasses Sony. This rule has nothing to do with how the technology is used. Rather, it has to do with how the defendant acted and what the defendant said. If the defendant expected and provoked infringements, he's liable, even if there were only a few of them and the technology was overwhelmingly used lawfully.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Missing the point by Anonymous Coward · · Score: 0

      Well, IANAL, but it looks like they do.. just look at their homepage..

      Here
        Under featuring: iTunes integration

      Sounds like precedent to me unfortunaly, I mean.. You could easily make the argument that providing intergration to iTunes (a music player) would mean they want you to easily download and copyright infrenge on music...

      Just a thought

    8. Re:Missing the point by Fezmid · · Score: 1

      > What about cars? A high percentage again.

      I don't know, I see people speeding all the time, and how many people come to a complete stop at a stop sign? I'd say 90% of people are using cars illegally. :)

    9. Re:Missing the point by plasmacutter · · Score: 1

      Yes I fully agree with you on this, theyre screwed, but not because theyre actually breaking the law in the slightest.

      They will be ruled against because the bought supreme court made it entirely subjective, allowing their corporate schills to basically pick and choose what technology is allowed to exist without real public debate or due legislative process. Talk about activist judges..

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    10. Re:Missing the point by mochan_s · · Score: 1

      I've worked with so many bands to know that is probably not true.

      I mean for people who aren't trying to peddle their own music of their band in this crazy crazy world, everything looks a lot different.

      But a lot of bands they got into the studio and they get a CD of their record after they pay $xx to the studio. Now, most people just rip with iTunes and send out files from there for other people. I've had so much trouble telling people where the damn iTunes stores the files to send me their song.

      Plus, if you have two people who aren't familair with how iTunes works and trying to swap each other band's music, forget about it. That's a painful experience.

      I've always wondered that if iTunes was open source like Mozilla, it would definatly have a send song to feature. Like you could send a song over from your iTunes to somebody else's iTunes. It would benefit a lot of independent bands. Trying to get someone to put your music on their iTunes through the web is amazingly strong deterrent and you can't opt for free downloads via ITMS.

      Long story short, someday there will be a Mozilla like iTunes clone that will do what people want and not if we implement this the record companies are going to be mad at us ...

    11. Re:Missing the point by Bob9113 · · Score: 1

      yet this is the burden that the RIAA must now bear. I'm sure they have some sort of "proof" up their sleeves of LimeWire's misdeeds.

      The RIAA need not prove anything. All they have to do is make it more expensive for LimeWire to defend itself than to give up.

    12. Re:Missing the point by cpt+kangarooski · · Score: 1

      Yes I fully agree with you on this, theyre screwed, but not because theyre actually breaking the law in the slightest.

      I disagree. I think they probably are breaking the law. This is why, if we like things like LimeWire, that we ought to focus on changing the law.

      They will be ruled against because the bought supreme court made it entirely subjective, allowing their corporate schills to basically pick and choose what technology is allowed to exist without real public debate or due legislative process. Talk about activist judges..

      No, I disagree. The Court isn't bought or being activist. This is a common law issue anyway, which means it falls under the purview of the courts. If we don't like it, we can always legislate, thus overriding them. The real problem is with Congress, not the courts.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Missing the point by plasmacutter · · Score: 1

      The Court isn't bought or being activist.

      really? are you sure? have you read the souter eminent domain ruling recently?

      i'm not buying this claim, i've seen issues of nearly mirrored similarity ruled in two different directions depending on weather the defendent or plaintiff was the corporate entity.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    14. Re:Missing the point by cpt+kangarooski · · Score: 1

      really? are you sure? have you read the souter eminent domain ruling recently?

      I imagine that you're talking about the Kelo case. Honestly, I agree with it. The state still has to pay fair compensation (and can be sued for more money if the person losing their property thinks that it's not enough) and it is ultimately using it for the public good, albiet in an attenuated fashion. The states remain free to impose more stringent limits upon themselves in their own laws or constitutions, and most have. The opinion did not come out of nowhere; it's just part of a long line of similar rulings dating back into the 19th century. If you didn't know anything about eminent domain, it might shock you, but if you do, it's not all that surprising. If I had been on the Court, I would have ruled with the majority, and I am not corrupt.

      As for "judicial activism" the very notion is absurd. It doesn't exist. Courts interpret laws every day, and have done so in our legal tradition for nearly a thousand years. They can't not do it; it's at the core of their purpose. Just because you disagree with their interpretation doesn't mean that they are wrong, or that both interpretations aren't valid. You need to calm down.

      i've seen issues of nearly mirrored similarity ruled in two different directions depending on weather the defendent or plaintiff was the corporate entity

      And if you'd provide examples, you'd support your argument.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    15. Re:Missing the point by plasmacutter · · Score: 1

      As for "judicial activism" the very notion is absurd

      there is a difference between interpreting existing laws, and legislating from the bench ("active inducement" anyone?, congress refused to pass such a standard in legislation, so they got SCOTUS to do it for them)

      And if you'd provide examples, you'd support your argument.

      ok.. here's an example.
      betamax: legal** defendant - sony, a large corporation
      p2p: illegal** defendant - millions of american citizens, not a large corporation

      uses of both technologies are very similar: both are used by the masses to, collectively, "steal" millions of copyrighted works from the medium in which they operate.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    16. Re:Missing the point by cpt+kangarooski · · Score: 1

      there is a difference between interpreting existing laws, and legislating from the bench

      Yes, but both of them are part of our common law traditions. Courts created pretty much the whole of contract law, tort law, property law, etc. If Congress had a problem with the idea of secondary liability in copyright -- and n.b. that the idea of secondary liability is a common one throughout the law -- then they'd pass a law against it, which would bar the courts from having it there. But not only have they not done so, they've passed laws supporting it. And this is not particularly different from how the courts created exceptions like first sale or fair use.

      ok.. here's an example.
      betamax: legal** defendant - sony, a large corporation
      p2p: illegal** defendant - millions of american citizens, not a large corporation


      The problem is that in Sony, the plaintiffs were the movie studios, also large corporations. Also, Sony was a 6-3 decision against Sony while the Court was deliberating. It only changed into the 5-4 in Sony's favor when a compromise was reached that brought in JJ Brennan and O'Connor. You're going to need a better example.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    17. Re:Missing the point by plasmacutter · · Score: 1

      I still think my point holds, despite the rather poor example.

      Sony had a larger market footprint and greter net worth than the studios, so sony won.

      Saying they were losing in deliberations and claiming this as a point against the larger corporation winning betamax would be like saying hitler was winning in 1942 and claiming that as a point against the allied powers winning wwII.

      finally, the studios won against p2p (in the courts, mind you ; ) ) against individual citizens, who had less financial resources and market footprint.

      the point: money talks.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  15. RIAA needs to learn English by Kelson · · Score: 5, Insightful
    the record companies contend LimeWire's operators are "actively facilitating, encouraging and enticing" computer users to steal music by failing to block access to copyright works (emphasis added)

    Based on that complaint, it sounds more like they're passively encouraging people, at best.

    Either that or the fact that I've never held up a stop sign in the middle of the street means that I'm actively encouraging people to run red lights.

    1. Re:RIAA needs to learn English by vandelais · · Score: 2, Informative

      What about the word "Steal". If you mean download songs I already purchased from the record companies in casette format that the sun melted before the concept of fair use was legal precedent, then I suppose that's stealing. Ex post facto and they can't prove I didn't.

      --
      Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
    2. Re:RIAA needs to learn English by Chazmati · · Score: 3, Informative

      I thought when you installed Limewire, you were actually asked whether you planned to infringe any copyrights. I answered no, of course, so I'm not sure what happens if you answer yes, but it *felt* like they were against copyright infringement. That's more like (somewhat passively) DISCOURAGING people.

    3. Re:RIAA needs to learn English by RulerOf · · Score: 1

      The lawsuit here (though I didn't RTFA) seems to state that, because file sharing networks are stereotypically outlets for piracy, Limewire's authors are somehow responsible for not protecting against a probable activity on their network.

      --
      Boot Windows, Linux, and ESX over the network for free.
    4. Re:RIAA needs to learn English by RulerOf · · Score: 1
      If you mean download songs I already purchased from the record companies in casette format...


      Downloading isn't what's illegal or against fair use or whatnot. It's the sharing that is. I think there's substantial legel precedent to be set by the person that actually has enough money to fight and the logs to prove that though he shared files, he never actually inadvertantly uploaded them to anyone other than the copyright holder who's trying to file a lawsuit against him.

      OT: I'm a little extra adamant about this particular subject because I managed to get sued by the RIAA (yeah, I'm a sucker) and I remember when it happened too. I used to snag stuff on filesharing networks (mostly porn :P) and I kept all my media in the same folder. I would cancel the uploads a lot when they rolled around which wasn't often because I was usually the only source for most of the files I possessed. I leave the client open for the whole night one evening, and the next morning, I see something like 15 pages of uploads (small pages, but pages). I was astonished, but thought nothing of it. A few months later a letter came in the mail...
      --
      Boot Windows, Linux, and ESX over the network for free.
    5. Re:RIAA needs to learn English by cpt+kangarooski · · Score: 2, Insightful
      Based on that complaint, it sounds more like they're passively encouraging people, at best.

      It's a factor. Take it seriously.

      From the Grokster case:

      Second, this evidence of unlawful objective is given added significance by MGM's showing that neither company attempted to develop filtering tools or other mechanisms to diminish the infringing activity using their software. While the Ninth Circuit treated the defendants' failure to develop such tools as irrelevant because they lacked an independent duty to monitor their users' activity, we think this evidence underscores Grokster's and StreamCast's intentional facilitation of their users' infringement. ...

      Of course, in the absence of other evidence of intent, a court would be unable to find contributory infringement liability merely based on a failure to take affirmative steps to prevent infringement, if the device otherwise was capable of substantial noninfringing uses. Such a holding would tread too close to the Sony safe harbor.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:RIAA needs to learn English by KillerBob · · Score: 1

      Last time I installed LimeWire, I was required to click through a page that wouldn't install unless I said that "No, I will not use LimeWire or their services to commit copyright infringement." Admittedly, that was several versions of LW and several reinstalls of my OS ago (I experiment a lot), but I doubt LimeWire would be stupid enough to remove that kind of clickpage.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    7. Re:RIAA needs to learn English by Abcd1234 · · Score: 1

      Yes, but the real key points is that "in the absence of other evidence of intent, a court would be unable to find contributory infringement liability". The real question is, will they be able to prove LimeWire *encouraged* unlawful infringement, beyond simply not developing filtering mechanisms. If the answer is no, then I suspect the RIAA will lose... otherwise, LimeWire is probably screwed.

      Personally, I think the RIAA *doesn't* have such proof, and they're hoping to expand the previous ruling such that not actively preventing infringement will qualify as contributory infringement. Here's to hoping they fail, otherwise the door will be open to sue practically anyone (including ISPs and other network operators).

    8. Re:RIAA needs to learn English by Anonymous Coward · · Score: 0

      Not to mention, how dows blocking access to copyright works prevent someone from going into a music store and shoplifting a cd.. oh by "steal" they mean copyright infringement? I'm osrry, but "steal" means: to take property from without right or permission. It doesn't mean: to copy without right or permission.

    9. Re:RIAA needs to learn English by cpt+kangarooski · · Score: 1

      The real question is, will they be able to prove LimeWire *encouraged* unlawful infringement, beyond simply not developing filtering mechanisms.

      I think they will.

      they're hoping to expand the previous ruling such that not actively preventing infringement will qualify as contributory infringement

      I don't think that's likely.

      Here's to hoping they fail, otherwise the door will be open to sue practically anyone (including ISPs and other network operators).

      ISPs et al are already shielded by 17 USC 512. These cases don't really matter to them. The real question is whether LimeWire can manage to get into this safe harbor. Napster tried and failed, but I think it's still worth a shot, in the right jurisdiction.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    10. Re:RIAA needs to learn English by discordja · · Score: 4, Informative

      If you choose 'I might use LimeWare for copyright infringement'

      --

      Important Information about Using P2P Software Safely

      Lime Wire LLC does not distribute LimeWire Basic to people who intend to use it for purposes of copyright infringement.

      Thank you for your interest; however, we cannot complete this download.

      --
      I stole this .sig
    11. Re:RIAA needs to learn English by Morlark · · Score: 1

      Oh, I'm sure it is being taken seriously. I think what the GP was getting at is that the RIAA's statement is inherently contradictory. It won't help Limewire at all in this case, but the point is that as usual the RIAA is talking complete bullshit.

      --
      Santa's suicide mission go!
  16. SVK mirror by Anonymous Coward · · Score: 1, Insightful

    It might be a good idea right now to use SVK to mirror the whole limewire SVN repository, before it gets pulled from the net.

    CAPTCHA: thefts

  17. Pathetic by ViperAFK · · Score: 1

    What the RIAA is doing is pathetic, it's there own fault people pirate music, because of overpriced cd's and drm's, some people just do it because they don't like the RIAA, there efforts are futile, new p2p networks and applicatiions will spring up.

    1. Re:Pathetic by Anonymous Coward · · Score: 0

      It's her own fault she got raped, wearing such a short dress in a bad neighborhood.. her efforts to resist are futile

    2. Re:Pathetic by rockhome · · Score: 1

      What the RIAA is doing is pathetic, it's there own fault people pirate music, because of overpriced cd's and drm's,

      That is no execuse for piracy. Look, if you disagree with their business model or pricing, don't use the product. At all.

      Piracy is not a valid form of protest, boycott is.

    3. Re:Pathetic by niktemadur · · Score: 1

      I was under the impression that 'piracy' in a modern context was the act of selling (or buying) duplicated goods, therefore an unauthorized profit is being turned. Maybe the definition has been revised since Napster?

      However, if we use the term 'file-sharing', we are back on neutral ground, with none of those nasty, loaded terms that obfuscate polite conversation. I remember that a couple of years ago, the courts had not yet decided on the legality (or ilegality) of file-sharing. However, when the US Senate puts a man like Sen. Ted Stevens in charge of an internet oversight commitee, you know exactly on what side the law is going to be tilted towards. Remember, the internet is not a dumptruck, it's a series of tubes. Also, remember there are around 64 corporate lobbyists for every congressman in Washington, none of them representing your interests, or mine.

      When a nation's political process has been hijacked by corporate interests, the law, on moral grounds, tends to slant towards illegality. Witness how the exclusive use copyright for Mickey Mouse was set to expire a couple of years ago, and congress took the time to vote for extending the copyright for Disney. That's illegal, man. But then, there's always a Palpatine or two: "I will make it legal."

      --
      Lil' Thindime, lilting a lacrimose lament, krashes the kwaint konfines of Kokonino Kounty
    4. Re:Pathetic by Anonymous Coward · · Score: 0

      Piracy is at least as valid a form of protest as boycott.

      1. COPYING IS NOT STEALING.

      2. The truly important thing here is that you NEVER spend money that filters to the recording industry.

      3. COPYING IS NOT STEALING.

  18. So.,.... by BungeBash · · Score: 0

    When are the creator(s) of the internet gonna start getting suid by the RIAA becuase the internet encourages the trading of things, and music gets traded. So be it the transitive property if a=b and b=c, then a=c.

  19. Quite the Contrary by Kennego · · Score: 4, Insightful

    Although it is a file-sharing program, of all the ones I've used, Limewire is the one that actively DISCOURAGES copyright infringement the MOST.

    I guess the RIAA couldn't go very long without finding another way to annoy the crap out of everyone...

    1. Re:Quite the Contrary by Sloppy · · Score: 1

      Then perhaps it makes sense to sue Limewire. If they can beat the most pirate-unfriendly Gnutella client, then they will have useful precedent for all the others.

      If they went after the low-hanging fruit first, and then went after the harder and harder cases, then each time, they would have to spend money to make stronger arguments. Apparently they think they can do all the hard work with one single paycheck for their lawyers.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  20. FTP, IETF, IP, ISPs and copper mining... by panZ · · Score: 2, Insightful

    Next they'll sue people who make simple ftp servers on the same grounds, then the IETF for coming up with file transfer protocols, then anyone having anything to do with routable networks like DARPA and while we're at at it, why not just sue the people who melt sand to make fiber optics and mine the copper that makes our cables for not explicitly "failing to block access to copyright works". Shoot, we should just sue people for existing.

    --
    --Let's hack root on 127.0.0.1 --panZ
    1. Re:FTP, IETF, IP, ISPs and copper mining... by geekoid · · Score: 1

      it's only if the software encourages copyright infringment.

      Which is different then allows it, or it is possible to do with it.
      A common distinction that the courts have been making in regards to other laws for a very long time.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:FTP, IETF, IP, ISPs and copper mining... by Overzeetop · · Score: 1

      Anything that makes it this easy (which is everything the internet is) is just asking for it to happen. If you were to leave the doors of a store unlocked and propped open at night, and all the cops were in another town, and the power went out so all the surveillance equipment was dead, that's not really asking for people to come in and steal everything. But in just about any heavily populated are that store wouldn't have a crumb small enough for a mouse left. There's nothing that should make those things foster crime, but it does. The entire internet is no more than a honey pot for sharing copyrighted information.

      Of course, one could say the same thing about guns, or cars, or easily-obtained-credit. But those people have specific lobbying groups that make sure they don't get into trouble. The people don't have any cohesive representation, and the US congress is proof.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    3. Re:FTP, IETF, IP, ISPs and copper mining... by Anonymous Coward · · Score: 0

      That hasn't stopped them with LimeWire - have you tried downloading it? They do everything that's possible in their case to discourage copyright infringment (checkboxes on download, and warnings when you try to download any file without license information attached while using it). I'm pretty sure the post you replied to was an attempt at humour though.

  21. The wrong reason to sue... by spywhere · · Score: 1

    Instead of the RIAA, Elliot Spitzer should go after them for distributing so much spyware with their program, and barely disclosing it a hundred pages deep in their EULA.

  22. F**K The Supreme Court by WCD_Thor · · Score: 2, Insightful

    They should never have ruled that it was ok to go after software makers like this. Its the users fault, unless you want to rule them sub-human and not capable of controlling them selves.

  23. comparable case by AlgorithMan · · Score: 4, Funny

    microsoft is actively encouraging hackers to write virusses, trojans, worms etc. (since the protection is so poor)
    so this means microsoft must be accountable for any damage that any worm, virus, trojan etc. does to any windows pc on this planet...

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  24. BAR... by davidc · · Score: 1

    ...Stewards.

    I have no further comment.

  25. Oh no! by frostoftheblack · · Score: 1

    ..Not LimeWire!! What are we going to do now that the one, single, all-encompassing source of illegal contraband is going to be sued and possibly shutdown??? MP3's are going to be eliminated forever!!!!!!

    So developers of the world, have you thought of a name for that new file-sharing device that you're creating?

    --
    Do not mark in this space. For official office use only.
    1. Re:Oh no! by Anonymous Coward · · Score: 0

      Let's re-compile the source (Limewire's GPL, right?) and call it CitrusCord or something... ;)

  26. Lack of interest much? by Gli7ch · · Score: 5, Informative

    Remember kids, Limewire is just a Gnutella client. If they shut down Limewire, we still have a dozen more clients we can use just as well.

    Hooray for Open Source fully distributed networks!

    1. Re:Lack of interest much? by joeljkp · · Score: 1

      Let's not forget that the Limewire software is also fully open source, so all they'd really do is shut down the sponsoring company.

      --
      WeRelate.org - wiki-based genealogy
  27. I'll see your BS, and raise you one. by ScentCone · · Score: 1

    This is like sueing Remington because guns make it easier to kill people.

    Not really. Companies like Remington go to enormous lengths to label everything they ship, and infuse every bit of their marketing message with the "don't hurt people with our products, please." They pump lots of money and support into law enforcement, safety training for hunters and sport shooters, and they expressly fund programs that teach kids how to be safe with a firearm if they get involved in such sports.

    Suing such a manufacturer for a criminal's misuse of their product isn't even a little bit like suing the provider of a service that deliberately cultivates a culture of users that traffic in warez, entertainment that's been ripped off, and specifically builds such traffic into their revenue model. Remington doesn't woo, encourage, and project profits based upon the actions of murderers buying their products - and you've made a poor analogy.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:I'll see your BS, and raise you one. by jimktrains · · Score: 1

      Not the same extent, but when you download Limewire,you have to say "I will not download illegal stuffwith limewire," so they are at least bringing the problem to peoples attention

      --
      "You will do foolish things, but do them with enthusiasm." - S. G. Colette
    2. Re:I'll see your BS, and raise you one. by jZnat · · Score: 1

      LimeWire has plenty of functionality for sharing and downloading legal content (typically Creative Commons licensed or public domain, but GPL and other open source software is available as well). In fact, I'd say it's easier to use for CC and PD content than illegal content.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  28. Pathetic, but bound to happen. by xXShadowstormXx · · Score: 1

    This is pathetic. But it was bound to happen. I mean, look at the people they have sued (from Wiki): The RIAA has been criticised in the media after they subpoenaed Gertrude Walton, an 83-year-old grandmother who had died in December of 2004 [23]. Mrs. Walton stood accused of swapping rock, pop and rap songs. The RIAA in 2003 attempted to sue Sarah Seabury Ward, a 66 year-old sculptor residing in Boston, Massachusetts. They alleged that she shared more than 2,000 songs illegally. The RIAA dropped the suit when it was discovered that she was a computer novice. The case was dismissed, but without prejudice. The RIAA has also been criticised for bringing lawsuits against children, such as 12 year old Brianna LaHara in 2003 [24]. The RIAA also attempted to sue Candy Chan of Michigan, for the alleged actions of her daughter, 13 year old Brittany Chan. The court dismissed Priority Records v. Chan [25] because it was ruled that the mother could not be sued for the alleged infringements of her daughter. [26] When the court ruled in favor of the mother, dismissing the case, the RIAA proceeded to sue her child. However, prosecuting a minor is more difficult, and many previous adult defendants have said that the P2P software installation and copyright infringement was done without their knowledge by one of their children. And on a related note: The RIAA's recent targeting of students has generated controversy as well. An April 4th story in the MIT campus newspaper The Tech indicates that an RIAA representative stated to Cassi Hunt, an alleged file-sharer, that previously, "the RIAA has been known to suggest that students drop out of college or go to community college in order to be able to afford settlements."[27] Is that PATHETIC or what?! RIAA/MPAA needs to die. The world would be a better place.

    --
    I see dead pixels!
  29. Network's Still Together by tonyr1988 · · Score: 0, Redundant

    Even if they manage to shut down Limewire, people will just move to another client in the Gnutella network.

    No different than Napster and Kazaa, to name a few.

    Will the RIAA ever realize this?

    1. Re:Network's Still Together by Gli7ch · · Score: 1

      "No different than Napster and Kazaa, to name a few. "

      Except that Gnutella is a fully distributed network, while Napster and Kazaa are centralised and partially centralised (respectively).

    2. Re:Network's Still Together by Anonymous Coward · · Score: 0

      Except that gnutella is utter shite.

  30. RIAA's real plan... by Anonymous Coward · · Score: 0

    I don't think RIAA really cares about Limewire per se, so much as eliminating any *business* built on file-sharing technology. Once the businesses are out of the way, they can effectively lobby Congress for anti-filesharing technology laws with little commercial opposition. Money buys laws. Your pathetic complaints to your congressman mean little without a unified effort. With no business interests to oppose them, RIAA will have their way pretty easily.

  31. So they should also.. by bruno.fatia · · Score: 1

    Go after Microsoft, eBay, Yahoo!, Google, because the formers wrote/own, respectively, MSN Messenger, Skype, Yahoo! Instant Messenger, GTalk, which due to it's ability to send file without doing a prior check if both sides (a) own the copyright for the file. (b) can, legally read the file contents and do whatever. They should sue Microsoft twice as they wrote Microsoft Windows(R), which allow such kind of file to exist in the hard drive and be easly swapped with unknown people

  32. on the grounds that they .... by future+assassin · · Score: 1
    encouraged customers to steal music and movies over the Internet

    Wait a minute, isn't having retardly high prices for all but pop music contibuting to people strealing music?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:on the grounds that they .... by ThePengwin · · Score: 1

      Are you saying the RIAA should sue the record companies??
      I'm all for that!

  33. Limewire agreement. by Mr.+Freeman · · Score: 1

    When you download limewire you have to select one of two options "I might use limewire for copyright infringement" or "I will not use limewire for copyright infringement". Selecting the former option does not allow you to download limewire. And then of course there's the 50 page EUlA which probably mentions something about not being liable for your actions.

    Also, fuck the RIAA/MPAA and their large scale sue-everyone-and-get-rich-quite scheme.

    --
    -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
  34. OH NOES!!! DOWNGRADE MY PERSONAL JET?!? by ZeonZumDeikun · · Score: 0, Redundant

    LimeWire wont work if you tell the truth when you install it. If you check the box saying you might use it for piracy, it wont work. So LimeWire isnt responsible. Why stop there? Why dont you blabbering fatcats complaining about "ethics" and "copyright infringement" sue Colt and Remington because they profit directly from guns used to kill people and rob banks? How about sueing Epson and Hewlett Packard because their printers can print copyrighted photographs, child pornography or pages from books?

  35. Why is this a right online? by Anonymous Coward · · Score: 0

    Why is obtaining something you don't own for free a right on the internet?

    You don't own it, but its easy, so therefore it should be lega? I don't like these companies but you have to pay for it. How'd you feel if I hotwired your car and drove it for a week? I"m just borrowing it and it was really easy! Douchebags...

  36. Long live the P2P networks! by Anonymous Coward · · Score: 0

    If I were to buy all that I'm told that I need or want, I wouldn't have money to put food on the table. Sure, I still buy plenty of software, CDs and DVDs, but I can never afford to buy all that I'm told to need or want.

    Luckily, P2P networks turn us all from digital 'have-nots' into 'haves', and we still get to channel our cash into other sectors of industry, service and commerce. Like filling up a tank of gas, or buying food that's more expensive than ever because of the freight costs.

    So the RIAA wants me to be their $21.00-a-pop bitch till death do us part? Fat chance! In fact, I'll download and share thrice as much music as I originally intended, just because it's, you know, FUN!

  37. Works as well as our "War on Drugs"! by King_TJ · · Score: 4, Insightful

    As we all know, we really put a stop to those illegal drug sales by going after the "heads of the snakes" there. Wanna-be drug users just can't find someone willing to supply them anymore, most of the time!

    Oh, wait....

    I get the logic, but there's a fundamental flaw. You can't effectively stop the masses from breaking an arbitrary restriction placed on an activity if the masses feel what they're doing is justified.

    If LimeWire shuts down tomorrow, a programmer will be out there coding the next replacement for it - only with additional protections to make it harder than before to track the source of the traffic.
    Shut that down, and another will pop up, and another, and.....

    If it finally proves not too effective to do p2p sharing at all, due to the "law" constantly putting a stop to it - people will resort to more "guerrila" tactics (as they've already done many times before). Things can be uploaded with non-obvious filenames and folder names, to random servers (or even web or ftp sites that passwords were hacked on in advance) - and private message forums can provide the short-lived and always rotating links to them.

    VPN tunnels can be set up from point to point between trusted parties and files interchanged on their makeshift WANs.

    Individuals can offer files through their IM clients.

    Of course, Usenet is utilized too, and it doesn't seem practical to successfully put a stop to it.

    People might even wish to set up email list servers that distribute attached files to those who know the secret commands to email to get signed up and request them.

    Don't forget all the other alternatives, such as running telnet-based BBS software. (Kind of a "retro" solution, but like opting to run Windows 3.1 to use the Internet on your PC and thereby dodging almost all the trojan horse spyware, might be effective through obscurity, at least for a while.)

    1. Re:Works as well as our "War on Drugs"! by cpt+kangarooski · · Score: 1

      I get the logic, but there's a fundamental flaw.

      I agree. Still, that's their plan.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Works as well as our "War on Drugs"! by BootNinja · · Score: 1

      The difference between P2P programs like limewire and the alternative solutions you mentioned all boil down to facility. The RIAA is betting on the fact that people are essentially lazy and if people have to go to these extra lengths to get their music then most won't bother.

    3. Re:Works as well as our "War on Drugs"! by linuxhansl · · Score: 2, Insightful
      Unfortunately what might be happening is this:
      1. All digital devices are required to be DRM enabled.
      2. The sound/video cards will be required by law to not display/play anything that isn't DRM'd.
      3. Using uncompliant hardware (and software) will lead to a minimum of 10 years in prison.
      4. Compliance of hardware/software is checked automatically via the required network conection in every household. The police and/or copyright holders can legally check every household for compliance.
      5. There will be a compliance police/taskforce just for this.
      6. There will be a compliance enforcement tax.
      Maybe this sounds far-fetched now. But this is where it seems to go. Maybe it'll take a few years and each step on the way will be just below the threshold to stir resistence. I said it many times before: What the western world is moving towards is a kind of information-feudalism with powerful information-landlords who control the legislative process and information-peasants.
    4. Re:Works as well as our "War on Drugs"! by Achromatic1978 · · Score: 1
      if the masses feel what they're doing is justified

      And what's the masses' justification for "free music"? Is it "the turning point of a new global consciousness, or is it "w00t! free shit!"?

    5. Re:Works as well as our "War on Drugs"! by thejynxed · · Score: 1

      Number 1 is already coming into effect. Witness all new LCD monitors and video cards, new video iPod-like devices, tv-tuners, TiVo-like devices, etc are all coming pre-manufactured with this stuff enabled now. Blame it on Sony, Microsoft, Apple, Samsung, Toshiba and Phillips (especially on Phillips, who own the patents on almost all hardware-based DRM devices for digital hardware). And as far as computers go, even though most of us hate Microsoft software, check out the Vista hardware compatibility lists for all of their recent builds. No computer tv tuner that goes without built-in DRM has been made compatible (The entire Hauppage line for instance). This is not an accident.

      Number 4 is already taking place. PVRs (outside of Myth boxes), your computer (if you run MS or Apple OS software for instance, this obviously does not apply to 'Nix/BSD boxen), iPods, etc already DO call the mothership so to speak. They check for blacklists, etc, and update themselves with the latest iteration of 'Security Patches' to shore up the software end of their DRM. New network connected HD tvs, etc are not far behind, especially with this big push towards everything becoming a part of a LAN/WAN'd 'home media center'. Witness the Xbox 360, PS3, etc. They basically require a net connection. I wonder why so, if all they are supposed to do is play games or an occassional movie dvd or music cd...

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    6. Re:Works as well as our "War on Drugs"! by ozric99 · · Score: 1

      What extra lengths? A few pages of VB code, a friendly installer bundled with the malware-du-jour, a wacky name and a flashy website and suddenly everyone has a nice GUI wrapped around any of the GP's suggestions.

    7. Re:Works as well as our "War on Drugs"! by mOdQuArK! · · Score: 2, Insightful

      What's the recording labels' justification for trying to control the distribution of music?
      "We deserve to make money?"

    8. Re:Works as well as our "War on Drugs"! by sm62704 · · Score: 1

      And what's the masses' justification for "free music"? Is it "the turning point of a new global consciousness, or is it "w00t! free shit!"?

      No, it's "OMFG I got an email from someone in AUSTRALIA who heard our band! How fucking cool is THAT!" And the guy in Australia is going "w00t! free shit!"

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  38. The next thing you know... by Finneh · · Score: 1

    Is they will try and sue Canada for harboring Music Pirates; just cause it's legal here.

    --
    I'm an asshole. Yes, I know.
  39. Wait a minute... by Der+Huhn+Teufel · · Score: 2, Funny

    So why aren't we suing the RIAA for giving us the music in the first place, thus allowing the music to be pirated?

  40. Earth to RIAA: LimeWire isn't responsible by IGnatius+T+Foobar · · Score: 2, Insightful

    Listen up, pigopolists. LimeWire isn't responsible. YOU are responsible. Your rampant, unchecked greed is the reason we download music using P2P instead of obtaining it directly from you for a nominal fee. LimeWire may be the current conduit, but you are not going to stop P2P by stopping LimeWire. In fact, you are making your own lives more difficult by encouraging the P2P community to devise and deploy a new music sharing system that has no central controlling entity that you can sue. The more heavy-handed you get with us, the harder we are going to fight back. We are NOT going to succumb to your greed. You made your bed, now you can f$%*ing sleep in it.

    --
    Tired of FB/Google censorship? Visit UNCENSORED!
    1. Re:Earth to RIAA: LimeWire isn't responsible by Randseed · · Score: 1
      Amen. I would love to be abe to download music, movies, and whatever else I desire for a nominal fee. That"s a reasonable fee, not $20 for one song that is played on the radio continuously. That's the bottom line: The *AA have failed MISERABLY to address the new distribution medium, making it worthwhile to deal with bad transfers, torrent sites, and twelve hour distributed download times. They need to get with the program, not keep blaming people who get it.

      Ironically, I boycotted both DVDs and CDs when they started their lawsuits, so that's $20 a hit that they aren't seeing.

    2. Re:Earth to RIAA: LimeWire isn't responsible by brianford · · Score: 1

      This is a bullshit argument. The more you come down on us for breaking the rules -- the more rules we're going to break? Why don't you try being rational -- argue against those who continue to upload hundreds or even thousands of songs even as you argue against DRM and the RIAA. (After all, the DRM is a result of those who can't seem to bring themselves to pay for something they want.) I refuse to feel sorry for anyone on the ass end of an RIAA lawsuit. The consequences are well known. Limewire could have avoided this with a simple statement: "Sharing copyrighted material is against the law. We will not protect or withhold the identity of any user who infringes on copyright." If they can't muster that sort of a disclaimer -- they deserve this lawsuit.

      --
      The world's blankiest blank.
    3. Re:Earth to RIAA: LimeWire isn't responsible by The+Master+Control+P · · Score: 1
      After all, the DRM is a result of those who can't seem to bring themselves to pay for something they want.
      Which explains why there was DRM on DVDs when they were introduced in 1996, at a time when most internet connections were sub-28K? DVDs and MP3s are digital information, and one of the basic functions of computers is duplicating digital information. Computers are getting so good at it that the supply of anything digital is approaching infinity, and therefore the free-market price is approaching zero. As usual, corporations like the RIAA believe in the free market until it bites them and DRM is their attempt to prevent the supply from being infinity.

      "The more you try and enforce your unjust rules, the more we're going to break them."
    4. Re:Earth to RIAA: LimeWire isn't responsible by cdrguru · · Score: 1
      Computers are getting so good at it that the supply of anything digital is approaching infinity, and therefore the free-market price is approaching zero.

      Exactly. The problem here is that people believe the stuff has value that is being shared, especially the creator. Or they likely as not wouldn't have bothers creating it in the first place. You would like to say the value to you is zero, so reduce the cost to zero and I'll take it.

      Who the heck gives you that right?

  41. Principle, or what? by Ninwa · · Score: 1

    Everyone here seems to be defending Limewire, when the fact remains that although I sincerely doubt they encourage copywrite infringement, they certainly do facilitate it. I feel that I can confidently say that 99% of Limewires usage is to distribute copy-written material. That said, is everyone defending it on principle -- that principle being a sincere dislike for the RIAA -- or is it just fun to play ignorant?

    "What?!?! Downloading copy-written material, who the hell does that on Limewire!? Certainly not me!"

    I'll admitt, I'm not innocent, but I wont play dumb either.

    For when Limewire loses its case, because it will.

    1. Re:Principle, or what? by b0s0z0ku · · Score: 1
      That said, is everyone defending it on principle -- that principle being a sincere dislike for the RIAA -- or is it just fun to play ignorant?

      The RIAA can squick themselves with a steel dildo studded with glass shards and then piss in the Amazon and get a candiru in their urethra for all I care. If I like a band, I'll go to their concerts and support them that way. At least the rights-grabbers at the RIAA aren't getting their soiled hands on 95% of the profits.

      -b.

    2. Re:Principle, or what? by greylion3 · · Score: 2, Interesting

      The real issue here is Copyright - what imbecilic government gave away every citizens right to copy text (or anything else) in the first place?

      Have a look at the formulation of what Copyright really is - you might have to read it a couple of times to actually understand it:
      http://en.wikipedia.org/wiki/Copyright - I think the example with "Disney's particular anthropomorphic mouse" is a good one..

      Maybe people don't understand it but just think that it shouldn't ever feel wrong to download, transfer or otherwise 'copy' a string of bits (ones and zeroes).

      Consider this: If I make a T-shirt filled with ones and zeroes of a copyrighted text, am I infringing copyright? What if it's the ROT-13 version of the same text? Or the same text, just mirror-reversed? (which you can practice to read as fast as normal text, or just use a mirror..)

      My point is; abstraction defeats copyright, therefore it shouldn't have been written into law in the first place. People downloading/copying copyrighted text or otherwise, is basically civil disobedience.

      Another way of defeating copyright is;
      http://en.wikipedia.org/wiki/Copyleft

      Next up; Software Patents: http://wiki.ffii.org/IstTamaiEn

      --
      Privacy begins with ..
  42. A question: by cwsulliv · · Score: 1

    Aside from providing the software, does the LimeWire company play any role at all in the Gnutella network?

    If the LimeWire company were to be completely closed down, wouldn't users already possessing the LimeWire software be able to continue using it as before? Or do I not understand how this whole P2P system works.

    1. Re:A question: by Anonymous Coward · · Score: 0

      If the LimeWire company were to be completely closed down, wouldn't users already possessing the LimeWire software be able to continue using it as before?
       
      Precisely. Now what have we learned from this?
       
      1. Set up a firm in Vanuatu, offering an ad-supported OSS gnutella client.
      2. Start a viral marketing campaign about this how new net.
      3. PROFIT!
      4. Funnel all money to the Cayman Islands.
      5. Get sued out of existence in Vanuatu.
      6. Go to 1.
       
      Just another way OSS just beats conventional software hands down.

  43. Created a derivative work singing in the shower... by pacalis · · Score: 1

    Should I seek counsel?

  44. Re:frostwire, de-centralised p2p and end-game for by Anonymous Coward · · Score: 0

    Copyright V Copyleft.
    Two men enter. One man leaves.

  45. Yup by Anonymous Coward · · Score: 0

    And linking to the sites like this one (featuring for example " how to download a complete album ?") does very little to show that they are IN FACT against copyright infringement. As much as don't like RIAA, they might have fairly clear and simple case with LimeWire.

    1. Re:Yup by ivan256 · · Score: 1

      Yup, and we should be supporting them!

      People stop buying music through their distribution channels, and their revenue stream is cut off... Then the spend their remaining cash on legal bills and lobbying, and they're out of business. It's the one two punch. It's the one way of suing out of existance that nobody ever sees coming.

      And to make the whole thing even better, they're always about three years behind the times when it comes to picking which piece of software they need to sue out of existance. You would think that file sharing companies would keep that in mind and go out of business after two years and nine months after becoming mainstream. It's a guaranteed legal protection strategy.

    2. Re:Yup by Alsee · · Score: 1

      And linking [limewire.com] to the sites like this one [gnutellaforums.com] (featuring for example " how to download a complete album ? [gnutellaforums.com]") does very little to show that they are IN FACT against copyright infringement.

      It does less than little, it does absolutely nothing, to show that they are in fact against copyright infringement.

      It also does absolutely nothing to show that they advocate copyright infringement either.

      There are a few thousand Creative Commons or otherwise perfectly legal albums available on P2P. The fact that you somehow came to the conclusion that there was something improper or incriminating there at all simply exposes your faulty assumptions and your faulty understanding of the legalities here.

      As much as don't like RIAA, they might have fairly clear and simple case with LimeWire.

      They might, but there is nothing in the Fine Article or in any other available information to suggest that they do. In fact based on the information available in the Fine Article, it appears that the RIAA has no case at all. From the article:

      In the complaint, the record companies contend LimeWire's operators are "actively facilitating, encouraging and enticing" computer users to steal music by failing to block access to copyright works and building a business model that allows them to profit directly from piracy.

      If that is accurate, then the RIAA are engaging in a flagrantly harrassment lawsuit and they should not only LOSE the case but also get smacked with damages to pay all of Limewire's legal costs. The RIAA already tried to make that argument and the US Supreme Court shot it down. Teh US Supreme Court ruled that Grokster could be held contributorily liable for telling people they should commit infringment, but also explicitly ruled that the RIAA could not dictate to noninfringing companies how they should design their products nor hold them liable for independant infringment committed by their customers when there wa sno incitement to infringe.

      If the RIAA have a legitmate case, it would have to be based on some other unknown unlisted evidence.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  46. An inconvenience indeed. by jonnylawUSA · · Score: 1

    Next thing you know, the RIAA will try to take Al Gore to court for creating the massive mode of copyright infringement we call the internet. Nice try RIAA guys...and I bet you'll win in court too.

  47. Can Limewire GPL their software? by Danathar · · Score: 1

    If they were to go under, could they GPL the Limewire code before closing up if they were found to be guilty? Or is all their IP considered tangable assets that could be awarded to the plaintiffs?

    Just a curiosity...

    1. Re:Can Limewire GPL their software? by dmbtech · · Score: 2, Insightful

      Limewire is allready open source, you can download it right here: http://www.limewire.org/limewire.zip . The community site for it is http://limewire.org/ . So therefor, if limewire gets sued, there is still frostwire http://frostwire.org/ which is a fork of limewire, and provides same functionality. Frostwire isn't run by an organization so it would be pretty hard to sue.

    2. Re:Can Limewire GPL their software? by jZnat · · Score: 1

      They're way ahead of you on that one. LimeWire's been free software (GPL as a matter of fact) since it was first released.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
  48. That cat's out of the bag already.... by Anonymous Coward · · Score: 0
  49. Um, I think the RC companies need a new dictionary by ravenshrike · · Score: 1

    ""actively facilitating, encouraging and enticing" computer users to steal music by failing to block access to copyright works" Isn't not doing anything the definition of passive? Or did that change when I wasn't looking?

  50. GPL'ed LimeWire derivative does exist by Anonymous Coward · · Score: 1, Interesting
    It is called http://frostwire.com/


    What is FrostWire

    FrostWire is a fork of the very popular LimeWire Gnutella client. The purpose of FrostWire is to keep and maintain the freedoms that LimeWire LLC may be forced to withdraw.

    LimeWire LLC has been considering an alternative path to keep them out of any legal situations they could be forced into. From what we understand, LimeWire LLC intends to implement a DRM filtering technology into their client. If LimeWire ever decides to implement this DRM technology, we will be prepared to remove it from our code and distribute the client under our own branding. However, we will continue supporting the LimeWire client development and do not wish to make fundamental or drastic changes to the LimeWire core itself. FrostWire will not break with LimeWire's design philosophy. We will always do our best to maintain a strong relationship with the LimeWire Development Team.

    FrostWire, although very much like LimeWire, will never offer a paid version or a subscription service for the download or use of the FrostWire application. FrostWire is a not-for-profit project. We will never bundle our software with any type of adware, spyware, malware or collect any personal or private data. FrostWire will always remain free as in both price and freedom.


    No troll BUT Slashdot is really going downhill if no one has even mentioned this yet.
    ___
      {o,o}
      |)__)
      -"-"-
    O RLY?
     
      ___
    {o.o}
    |)_(|
    -"-"-
    YA RLY
     
      ___
      {o,o}
      (__(|
      -"-"-
    NO WAI!
    1. Re:GPL'ed LimeWire derivative does exist by joeljkp · · Score: 1

      LimeWire is already open source.

      --
      WeRelate.org - wiki-based genealogy
  51. By the same logic... by EdMcMan · · Score: 1

    I should be able to sue the RIAA for not actively preventing murders in my country.

  52. Really? Seems Limewire tries to avoid infringement by TheGreatHegemon · · Score: 1

    From Wikipedia: "According to a June 28, 2005, report in The New York Times, Lime Wire LLC may stop distributing LimeWire due to the outcome of MGM v. Grokster. However, new versions are being released (4.10 released on March 18, 2006) with various new features. On September 25, 2005, it was reported that Lime Wire LLC was working on a version of the program which will refuse to share files that lack valid license information.[4] On June 21, 2006, Limewire 4.12.3 was released. Version 4.12.3 includes a new option to filter out material that copyright owners have denied access to. In practice, many of the so-called "legal" downloads on LimeWire have a spoofed license. That is, filesharers have marked that the file is uncopyrighted and legal to download, even if it is not." In otherwords, it seems that limewire has been working on ways to prevent illegal downloads. Even if half-hearted, this will make it VERY hard to prove Limewire is facilitating piracy.

  53. Did the Supreme Court ever actually say "steal" ?! by D4C5CE · · Score: 2, Insightful
    the U.S. Supreme Court ruled last year that technology companies could be sued for copyright infringement on the grounds that they encouraged customers to steal music and movies over the Internet.
    Someone must have been asleep at law school when they discussed the elements of theft/stealing/larceny and the meaning of notions such as "personal property" (AKA "things movable"), "taking and carrying away" and "to deprive the owner of the property".

    Actually, the word "encouraged" suggests that may have been a rather extended nap which stretched into the class on aiding and abetting as well...

  54. It's for Music? by Kamiza+Ikioi · · Score: 1

    You mean to tell me people download music on Limewire? And all this time, I thought it was for porn. Downloading porn is still legal... right? RIGHT?

    Oh man, this is gonna suck if they shut Limewire down. I mean, it'll suck if you're into that sort of thing... such a nasty habit. Nasty and dirty and ... uh yeah...

    --
    I8-D
  55. How do you get your music onto the gnutellanetwork by Anonymous Coward · · Score: 1, Insightful

    For quite a while now, I have been trying to get my own music (ie that I create) onto the limewire network. I *want* people to steal my music. I want to get it on other people's boxes in their shared folder.

    Its not as easy as you think.

    You would think, all you have to do, is to fire up a client, put your music in your shared folder, and leave it up for people to download and wait for the fireworks to commence.

    There's one problem. Nobody downloads your music. Because nobody searches for it. And worse, nobody downloads music anymore.

    -

    Nobody gives a crap about your music unless you push it in front of them, put it in front of their face. That is the reality. The music business is a push business. Any artist that stays popular is popular because they have an active campaign to push it to people.

    Okay, fair enough...

    Now I give my music away for free on Myspace, and push it heavily. Over 60,000 people have downloaded my music, and 6,000 my music videos.

    But there's a problem. Nobody wants to download music anymore. Because there's an ocean of music out there. They all want to just stream it.

    People just don't buy music anymore. Period. Its a challenge to get it out there when YOUR GIVING IT AWAY. Forget selling it. That's laughable.

    So when you hear these cases of RIAA suing on behalf of these artists, consider this. Nobody wants that media, those artists are washed up because the business is washed up. There is no music business anymore. The only possible way to make money is to sue people because nobody buys their stuff anymore.

    The media business has tanked. Because its oversaturated with people competing extremely hard for money that just is not there. Its bizarre actually.

    Try to publish something, anything, as a small operation, and you will see how incredibly hard it is to get it into wide distribution, and that's without any cost barrier standing in the way. Once you impose a cost/ where people have to buy it, you can be assured you are dooming yourself to grinding to a halt.

    The truth of the matter is there is no music business. Someone just put the words music + business together, like they did easter + bunny, but in both cases, neighter really exists. Its a big farce and lie.

    Good luck making a dime at it or even selling 5 cd's, you'll see quite quick and erase any illusions you may have. The sad thing is, millions of neophyte bands live on that dream of the MTV cribs illusion, when its just that, people frontin. There is nothing ahead for them. If they do succeed, its nothing but grueling hard work for five cents on the dollar, what you would be making with your time working at a fast food restaurant.

  56. Re:Really? Seems Limewire tries to avoid infringem by Kamiza+Ikioi · · Score: 1

    I agree, but it goes even further. It assumes you've obtained the file initially through a legal means (much like the bartender assumes you got your license from the government, not from Joe Fraudster in his garage). If you copied the song from a legitimate source or program, it should have a license or DRM or something saying, "You can't trade this on a file sharing network." Limewire gives copyright holders the opportunity then to actively prevent trading.

    The legal defense, I think, has to then come back and prove that Limewire is taking every reasonable measure to actively promote the ability of the RIAA to censor trading without suing them or the traders. It also removes some liability to traders who use legitimate programs by telling them to just share everything, because existing DRM will prevent you from inadvertently sharing something you are not allowed.

    For instance, I buy a CD. I assume I own that CD and the music on it. But, when I copy it, the DRM attached to it says no sharing. I won't inadvertently share all the music on my harddrive and break the law, because this should prevent sharing. On the other hand, if I remove the DRM, or circumvent it, then at least Limewire made every effort short of downloading your file and examining it themselves. Limewire can basically say, hey, we're like a car dealership. We take every measure possible to confirm the odometer. But, if someone messes with it in a way we can't detect, it would be an undo burden for us to follow the driver around everywhere to confirm it. I think the license check is a reasonable and active prevention of copyright infringement.

    On the other hand, I could buy a CD from a progressive band who puts a DRM on it that specifically says, "Yeah, share this all you want!" I certainly would want to financially support such an artist.

    The RIAA should then only really go after ripping programs that strip out their license information. Even on Linux, the license information could be stored in the meta-data, even if the DRM has to be stripped for the file to play correctly. This doesn't need to be done at the ripper level, but at the player level. The player then, by stripping the DRM to play, could still lock out all copy features if any DRM exists.

    It all comes down to the honor system. Limewire works on the honor system that you won't go out of your way to avoid the license. RIAA should accept this, and only go after those who don't want to play by the honor system... much like video game ratings are by the honor system. It works because the only time you have to react is when someone goes out of their way to break the honor system. In this case, the user has to go out of their way to modify the license data, or the RIAA fails to include it, and they only have themselves to blame for that.

    If licenses were standardized like the Creative Commons is, if the RIAA included them, if the rippers included them (maybe transferring them to a different format if need be), and services like Limewire honors them... what's the problem? In this way, it's certainly not Limewire that's doing anything wrong, but is the fault of the user who broke the DRM. As a backup, why doesn't the RIAA provide file names to automatically filter as well. Not just to Limewire, but to the public? Better yet, why not also use signed certificate licenses with hashes on the file names (not the content, because that is altered during ripping)? Sure, someone could modify the name in such a way as "br1tn3y sp34rs", but the RIAA could include permutations to the extent that anything they don't catch, it should be obvious someone is trying to scam the license system (much like spammers trying to avoid filters).

    Besides, nobody usually searches for such wild permutations, so they are naturally censored. I actually wish it worked this way. That way, you could go on a file sharing network, and download all music, because only legal music would be available. And, if Joe Fraudster puts up something that was circumve

    --
    I8-D
  57. Yeah by Anonymous Coward · · Score: 0

    Even idiotical Russia F. Have gun ban on noncombatants

  58. RIAA - Uncyclopedia definition by Anonymous+Cowled · · Score: 1

    I'm fairly sure everyone here agrees... http://uncyclopedia.org/wiki/RIAA

  59. So they DO know! by styryx · · Score: 2, Insightful

    From TFA "...building a business model that allows them to profit directly from piracy."

    So if there's a business model that DIRECTLY profits from piracy AND the RIAA acknowledge this, more than that it's their entire argument, then why isn't the music industry adopting this well-defined business model that gives them money DIRECTLY from piracy?

    Hypocritical, one might say, but they are anyway.

  60. Umm... by insanarchist · · Score: 1

    Yes, the cost to manufacture one physical CD is under a dollar. However, it costs money to record the music (sometimes a hell of a lot of money, like hundreds of dollars an hour x several weeks/months). It also costs money to work with a distributor who gets the CD into stores, and the retail outlets also have to make *some* money on the deal. Not to mention little things like paying the guy who makes the cover-art.

    You're complaining about paying $15-20 for a CD that cost between hundreds to hundreds of thousand of dollars, and hundreds to thousands of man-hours to create. There's a hell of a lot of work that goes into every single CD you see in stores. Yet you complain about spending $20?

    The problem isn't the fact that it costs $20. The problem is that the companies asking you to pay that much are filled with crooked, money-grubbing assholes who live off of exploiting people with talent (or just good looks). If you're refusing to buy the next CD put out by Sony/Warner Bros., that's fine by me. But there are a hell of a lot of independant labels'/artists' CD's on those racks in stores, and thousands and thousands more in online stores, that are relying on people paying the $10-15 they ask for their CD's.

    Insightful? You mean ignorant.

    1. Re:Umm... by Anonymous Coward · · Score: 0

      You're totally right, but I take issue with this:
      "But there are a hell of a lot of independant labels'/artists' CD's on those racks in stores, and thousands and thousands more in online stores, that are relying on people paying the $10-15 they ask for their CD's."
      That isn't really our problem, is it? Just because you have a business model doesn't mean you're entitled for it to work. I could bet my house on a horserace, I'd be relying on winning, but I wouldn't deserve to win.

      Not advocating copyright violation, just saying that buying CDs is not anyone's obligation. If we don't consider them worth the asking price we don't have to pay, indie or not.

    2. Re:Umm... by Brickwall · · Score: 1
      I'm complaining because CD's are cheaper to make than vinyl or cassettes, but their prices are higher. I used to buy LP's for $3.99, sometimes even $1.99. And, that was in the days when laying down tracks meant hours of manually snipping tape, not simple digital edits. So I see that costs have gone down, but prices have gone up. To me, that's gouging, and I simply don't buy CD's any more.

      But I do feel sympathy to artists. Why should I be able to get their work for free? They need to eat too. I use Limewire to download music from LP's, cassettes, and CD's that I paid for, but are lost, stolen, or unusable. I feel no guilt about that. The **AA's position that I have to pay for every medium I want to hear the music on is complete BS to me. Once I pay for it, I should be free to put it on any device or system that I want.

      I don't download music I haven't paid for (pr0n is a different story, of course). Well, maybe if the work is really hard to get, like the Kinks' "I'm not like everybody else" - try to find that at your local record store. If the **AA's business model makes it impossible for me to get works legally, I'm going to get them through filesharing. But overall, I'm voting with my dollars by not buying CD's.

      Of course, the fact that most modern music is utter crap makes that an easy decision.

      --
      What was once true, is no longer so
    3. Re:Umm... by Aokubidaikon · · Score: 0

      I don't download music I haven't paid for (pr0n is a different story, of course).
       
      Actually I don't get the of course. Making both requires performers, technicians and producers who need to be paid.brPlease explain why it is OK to illegally copy one and not the other.

  61. Re:Really? Seems Limewire tries to avoid infringem by cdrguru · · Score: 1

    The problem is that the whole concept of "piracy" being illegal and getting something for nothing is what the attractiveness is.

    321 Studios marketed a product that was blatently illegal. They sold millions of dollars worth in a couple of years until they were sued out of existance. If they had been selling a legal product they likely would have never amounted to anything. It was the illegal nature of the product that made it attractive.

    Your suggested solution would provide a way for everyone to (1) respect the rights of content creators to control the distribution of their work and (2) get the lawyers out of the system. Unfortunately, it removes all of the attractiveness from getting something for nothing - because all you could get would be the stuff that people were giving away. Nobody tries to rob a soup kitchen - they will go to a store and steal a can of soup first.

  62. Gawd, this is getting old... by Stone2065 · · Score: 1

    Ok... time to show my age, I guess... Back in the day (call it about 15 years ago, seems like I was doing it before that too), I would have a cool tape (cassette) or LP, and a friend would bring it over to my house so I could burn a copy on cassette for myself. Someone explain to me HOW this is LEGALLY different. I fully understand that the Internet allows me FAR more "friends" than back then, but legally, no difference. I can go onto Limewire, get a file/music/movie from a "friend", and have a copy for my OWN PERSONAL USE. Back in the day, I would burn my copy onto chrome cassette for my OWN PERSONAL USE. Where's the difference? THIS is why I see no problem with using Limewire/Napster (back in it's heydey, i.e. FREE) to get some music. Hell, if I like what I download, I may just buy the damn thing, just so I have a hard copy. RIAA must be some sort of anagram for stupidity...

    --
    Stone
  63. How to end the madness? by camzmac · · Score: 0

    Music education.

    It's very simple. Music doesn't have to be marketed, sold, and controlled. Sit down and play some music with some friends. Get together every month for an afternoon and write a song. Go to local music performances. Learn music theory, learn an instrument for the first time, or learn a new one.

    End the madness now. Music is part of the human condition. Don't let the other part of the human condition market and control it. You can start now: http://en.wikipedia.org/wiki/Music_Theory

  64. THANK GOD by thedbp · · Score: 0

    I'm so sick of having to fix hard drive corruption caused by LimeWire on people's computers.

    Look, people, its real simple. THERE'S NO SUCH THING AS A FREE RIDE. I don't give a rat's ass if you think the RIAA and related companies are immoral, that is NOT an excuse to STEAL MUSIC and therefore propogate a different kind of immorality.

    PAY FOR YOUR SHIT. THEN YOU WON'T GET SUED. ITS VERY FREAKING SIMPLE.

    1. Re:THANK GOD by Archeopteryx · · Score: 1

      People share LEGAL material on Limewire ALL THE TIME.

      I do. That is all I share.

      And in fact, the developers have made it easy to prevent any illegal material from showing up in searches.

      And if you think this suit, or even the demise of Limewire, LLC, will make Limewire go away, then you do not understand Open Source Software at all.

      --
      Dog is my co-pilot.
    2. Re:THANK GOD by setirw · · Score: 1

      Yes, but the majority of LimeWire's use constitutes illegal sharing.

      --
      This message printed on 100% post-consumer recycled electrons.
    3. Re:THANK GOD by thedbp · · Score: 1
      And in fact, the developers have made it easy to prevent any illegal material from showing up in searches.

      If that were true, they wouldn't be getting sued.

      People share LEGAL material on Limewire ALL THE TIME.

      I do. That is all I share.

      Y'know, people make absurd claims on the internet all the time. I have a feeling this is one of them.

    4. Re:THANK GOD by Archeopteryx · · Score: 1

      See me comment above, please...

      I run http://www.whiterosesociety.org/ and I share my library of Liberal/Progressive political talk radio programs, ALL of which I have explicit permission to share.

      --
      Dog is my co-pilot.
    5. Re:THANK GOD by Sloppy · · Score: 1
      I'm so sick of having to fix hard drive corruption caused by LimeWire on people's computers.

      If your customers are running an OS that lets Java applications have direct access to storage hardware, you need to either 1) sell your customers an OS upgrade, or 2) Be thankful for the job security.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  65. Why copyright infringement isn't stealing by sm62704 · · Score: 1

    If you get caught STEALING a CD from WalMart, it's about a hundred dollar fine. If the RIAA catches you DLing Britney's horrible crap it will cost you thousands of dollars.

    So those who say "but your steeling whn u DL" can STFU, OK?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  66. Does your music suck? by sm62704 · · Score: 1

    You go on and on about putting your band's songs on MySpace and how you can't get anybdoy to buy your albums, what little hick town does your band play in? The last 30 or so CDs I've bought have been from local bands.

    They're not pushing them either, I usually have to go up and ask "hey, man, you guys got a CD?"

    Your posting a/c makes me suspicious, somehow. What's the name of your band? URL? Kind of music? Agenda?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  67. Get your definitions straight by PinkyGigglebrain · · Score: 1

    Stealing == Theft of property, ie, to deprive someone of there possesion.

    The issue is illegal copying, ie, making a copy without the permission of the owner. IT IS NOT THEFT!!!

    The *RAA have done everything they can to brainwash people into thinking the making a copy of a song is theft, and it seems they have succeded in conditioning you to there way of thinking.

    For the record, I do not condone copyright infringment in general, and those people who do copy music, be it by download or friends CD=>your iPod are breaking the law.

    HOWEVER, format conversion/backup copying is fine, as long as you have the original.

    1. Re:Get your definitions straight by Millenniumman · · Score: 1

      I have no problem with people making copies of intellectual property and putting them on multiple devices for your own use, if you are licensed to use it. I do not think that it is theft. If you entered into a license agreement, you should follow it, though. If you don't like it, vote with your money.

      I do think that pirating intellectual property is theft.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    2. Re:Get your definitions straight by jZnat · · Score: 1

      I do think that pirating intellectual property is theft.

      And of course, since you aren't a lawyer, your opinion wouldn't hold up in a court of law. Even the term "pirating" when applied to copyright infringement doesn't hold up as a legal definition.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    3. Re:Get your definitions straight by Anonymous Coward · · Score: 0

      Har ye Bilgerat! When we rob and loot on the high seas, it ain't for "intellectual property". We be seeking more tangible booty like gold, wenches, gems and jewelry or a better ship than we are sailing on now, ye scurvy dog!

    4. Re:Get your definitions straight by AK+Marc · · Score: 1

      I have no problem with people making copies of intellectual property and putting them on multiple devices for your own use, if you are licensed to use it.

      Well, then you should hate the MPAA. They have made that illegal. From my current understanding of US law as applied to cases like this, a person must break a law to make a backup copy of a DVD. That is not a violation of the terms, the license, any contract they have or claim to have, and is explicitly legal according to US Fair Use laws, but is illegal. Why?

      If you entered into a license agreement, you should follow it, though. If you don't like it, vote with your money.

      I don't understand this statement as it applies to movies and music. There is no license agreement. There may be a license assertion, but an agreement requires 2 parties, and a person and a pamphlet are incapable of entering a mutual license "agreement." Even so, there is no such thing for movies or music. Only with the interactive nature of software do they attempt to get a pamphlet to enter an agreement with a person.

      I do think that pirating intellectual property is theft.

      Thankfully, no body of law or government on the planet agrees with you. You could claim to believe that the sky was orange. That too would not make it so. But, as I heard somewhere, it would be interesting if self-righteousness could be converted to electricity.

  68. Help me out here... by sm62704 · · Score: 1

    I really don't want to trawl through Limewire's code but I guess I'll have to.

    I simply want a P2P app that will keep me from getting sued. When I download a file, how in the hell am I supposed to know the copyright owner doesn't want it downloaded? Any real artist wants his/her stuff seen/heard. You're not going to sell me a song I haven't heard.

    Say I hear a song on the local college station; they play local and regional bands some times that WANT to be heard. Say I hear this song "scatterbrain" and think it's hilarious, but have no idea who made the song.

    Punch "scatterbrain" into Limewire and you'll discover hundreds of different songs by different artists by that name.

    If my P2P client wouldn't DL into a shared folder I would be in the clear. That's not "Lost Boys"' scatterbrain, but instead Todd Rungren's? I'm s(cr)ued.

    Note that downloading is legal, it's UPLOADING that's not. I want to upload stuff that the owners want uploaded, and download anything I damned well please.

    Oh well, I guess I need to start studying that code. I HATE the C language too >=(

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Help me out here... by Anonymous Coward · · Score: 0

      You're in luck, it's written in Java.

    2. Re:Help me out here... by Archeopteryx · · Score: 1

      Limewire already makes it simple to NOT share your download folder!

      --
      Dog is my co-pilot.
    3. Re:Help me out here... by jZnat · · Score: 1

      Oh well, I guess I need to start studying that code. I HATE the C language too >=(

      Good news! It's written in Java.

      --
      'Yes, firefox is indeed greater than women. Can women block pops up for you? No. Can Firefox show you naked women? Yes.'
    4. Re:Help me out here... by sm62704 · · Score: 1

      Hey, you're right. Thanks!

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    5. Re:Help me out here... by Archeopteryx · · Score: 1

      You are most welcome!

      --
      Dog is my co-pilot.
  69. The fact that... by Eric+Damron · · Score: 1

    P2P has legitimate uses should not be marginalized. Your Napster example falls flat as one only needs to know that unlike Limewire, Napster keep a list of files being shared on a central server. That's an important distinction. Limewire keeps no such centralized list and should not be held accountable for what other people do with its product any more that a pistol manufacturer should be held accountable every time someone uses one of their guns to rob a bank or commit murder.

    This is more than an attack on Limewire, it is an attack on the P2P technology.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:The fact that... by cpt+kangarooski · · Score: 1

      Your Napster example falls flat as one only needs to know that unlike Limewire, Napster keep a list of files being shared on a central server. That's an important distinction. Limewire keeps no such centralized list and should not be held accountable for what other people do with its product any more that a pistol manufacturer should be held accountable every time someone uses one of their guns to rob a bank or commit murder.

      I'm sorry, but you're wrong. First, LimeWire is similar, in its decentralized nature, to Grokster. Yet Grokster also lost its court case. Mere decentralization isn't enough protection. Second, the Grokster case says that the technology providers can be held liable for what other people do, not on the mere basis of the technology's capabilities, but on the basis that the provider may have encouraged the illegal behavior of the other people. Borrowing from your gun example, just making a gun isn't enough to cause liability. But advertising the gun as being well-suited to murders, and encouraging illegal gun violence on the part of the customers, would be.

      I strongly recommend that you actually read the Grokster opinion from the Supreme Court. you don't have to agree with it, but it's important to know what the law is currently.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:The fact that... by Eric+Damron · · Score: 1

      If you have ever installed Limewire you would be aware that they do NOT advertise its product as being well-suited for downloading copyrighted material. In fact during the install they one of their questions they ask is if you are going to use it to infringe and if you answer yes the install is aborted.

      Obviously people who are going to use P2P technology to infringe will do so but the issue quickly becomes "Should a given technology that has legitimate uses be illegal simply because some people misuse it?"

      What more should Limewire and other P2P technology providers do? What is reasonable? Ensuring that it is never misused surely isn't reasonable any more than insisting that gun manufacturers find a way that guns never are used to commit crimes. It seems to me that selling assault rifles is encouraging violence. They are not well suited for deer hunting after all.

      What I see here is that guns are backed by powerful lobbying groups and P2P are opposed by powerful lobbying groups.

      --
      The race isn't always to the swift... but that's the way to bet!
  70. Re:How do you get your music onto the gnutellanetw by Ochu · · Score: 1

    I'm sorry to be the harsh voice of reality, but have you considered the possibility that it's just music that no one wants? I buy plenty...

  71. So utterly stoopit by Anonymous Coward · · Score: 0

    First thing I did when I read the article was to download the Limewire source code. I don't use Limewire at all, because I have my own CD collection nicely ripped. But RIAA: It's OPEN SOURCE! You cannot stop it. Go to http://toorg.blogspot.com/ to see how to stop piracy.

    Morons.

  72. The proof is in the code by MamiyaOtaru · · Score: 1

    Limewire is open source, which is nice. In this case, maybe not so much though, as there is at least one example in their code proving they had sharing of copyrighted music in mind.

    Searches shorter than 3 letters are dropped, unless that search is for 'u2'. Something like (horrible pseudocode follows)
    if (search.length() 3 && search.contents() != "u2") search.discard();

    Even if it's been removed, It's sure to be seen somewhere in the CVS revisions. If I really cared I could track down the specific file. That surely can't help their case.

    1. Re:The proof is in the code by Anonymous Coward · · Score: 0
      In StandardSearchView.java;1.4 with the log msg "fixed for u2" contains the following horrible code:
      if (stext.length()<=2 && !("U2".equals(stext) || "u2".equals(stext))) {
  73. K-mart, NRA, you're next! by Anonymous Coward · · Score: 0

    It's interesting that by not actively discouraging behaviour, the RIAA is suggesting that Limewire is encouraging behaviour.

    Can we expect to see K-mart being sued by the family of an axe-murderer's victim because they didn't advise the buyer the axe was for cutting down trees and not lopping off heads?

    (Would love to see the NRA get sued next time someone is shotdown on some street corner... yeah right)

  74. An afterthought .. example: wal-mart class action. by plasmacutter · · Score: 1

    what about the wal-mart class action suit.

    there was a genuine claim of abuse to workers, anticompetitive activity, etc. Now i'm not saying they were not innocent until proven guilty, but it at least warranted arguments before the court, but the court rejected it. It couldnt possibly be because it was a bunch of little guys against the worlds largest retailer in a court dominated by republican appointees could it?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  75. Re:Did the Supreme Court ever actually say "steal" by Sax+Maniac · · Score: 1

    Asleep at law school, but wide awake during political classes. Words don't need to be true to have the effect you want.

    --
    I can explanate how to administrate your network. You must configurate and segmentate it, so it can computate.
  76. Copy of complaint? by NewYorkCountryLawyer · · Score: 1

    Does anyone have a copy of the complaint yet?

    --
    Ray Beckerman +5 Insightful
  77. yep by hotsauce · · Score: 1

    Thanks for the tip.

    Try WYEP.

  78. One would have thought... by Anonymous Coward · · Score: 0

    ...that the RIAA would be broke, from all these stupid, frivolous lawsuits they file and from the politicians that get bought-off.

    If I had been asked a year or so ago, I would have said that the RIAA might have been broke long before SCO. Obviously, I would have been wrong.

  79. Re:An afterthought .. example: wal-mart class acti by cpt+kangarooski · · Score: 1

    Saying they were losing in deliberations

    They were going to lose until the decision was significantly reined in. If the Court was simply pro-Sony in that case, it wouldn't've mattered. I'm sorry, but you're completely wrong about the judicial system. You've let your cynicism blind you.

    what about the wal-mart class action suit.

    I'm not familiar with the case, so you'd really need to provide a cite.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  80. You're lucky to live in the states by aadvancedGIR · · Score: 1

    Now in France, it is illegal to distribute creative-commons music, no matter how. If you do so without passing through the SACEM (french RIAA) or a major, you theorically risk 3 years.

  81. Been there, done that... Re:in related news... by freedom_india · · Score: 1
    Already US Customs and UK Customs (Royal) already use dogs to "smell" out counterfeit CDs and DVDs being shipped into US and UK from China or elsewhere....

    The story was there in slashdot a month ago...

    You are so old...

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  82. Copy of the complaint by NewYorkCountryLawyer · · Score: 1

    If I may be forgiven for answering my own question, I've obtained, and posted, a copy of the complaint. It accuses Lime Wire of fostering copyright infringement by discouraging what it termed "freeloaders".

    --
    Ray Beckerman +5 Insightful
  83. Re:An afterthought .. example: wal-mart class acti by plasmacutter · · Score: 1

    I don't see how my cynicism blinds me.

    The way you present things reminds me of that quote.. "yeah theyre punching you in the face, but you should be grateful because theyre not kicking you in the cahones"

    Quite frankly, after witnessing the blanket banning of entire classes of technology that was the DMCA, there is no such thing as too much cynicism.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  84. The Principle: leave toolmakers alone. by Sloppy · · Score: 1
    I feel that I can confidently say that 99% of Limewires usage is to distribute copy-written material.

    Then what about that remaining 1%? Should they be denied the right to do whatever they're doing?

    The principle being defended here, is that people who don't break the law, shouldn't be oppressed by government or expensive-to-litigate civil suits.

    I am not interested in Limewire, but there are some things that p2p networks will be good for. Perhaps you just don't see those applications yet. (I'm personally working on something that uses GiFT as a backend for its inter-user communication, and this app has nothing to do with copyright infringement.) I don't want a technology or a network to be pre-emptively outlawed, just because some people (even if there are great many of those "some people") abuse it.

    If RIAA has a beef with copyright infringement, then they need to go after copyright infringement. By going after the toolmakers, I get suspicious that they fear decentralized communication more than copyright infringement. And the fact is, it makes sense for them to fear that, since their business model involves so much advertising, homogenization, and essentially mass-hyponosis. So what we have here is a group that is doing the wrong thing and also has the motive to do the wrong thing. It's going to take a hell of an argument to convince me that their efforts to go after toolmakers instead of copyright infringers, is merely an honest mistake.

    Even if attacking toolmakers has the effect of combating copyright infringement, you damn well know someone at RIAA is cackling with glee that they are "killing two birds with one stone."

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  85. Re:An afterthought .. example: wal-mart class acti by cpt+kangarooski · · Score: 1

    Quite frankly, after witnessing the blanket banning of entire classes of technology that was the DMCA, there is no such thing as too much cynicism.

    Sure, but that's Congress, not the courts. And while it may be incredibly stupid, if it's constitutional, then it is something that Congress is allowed to be incredibly stupid about; the courts would lack the power to do anything about it.

    What I'm objecting to is that you're directing your ire to the courts, who I think are not particularly to blame here. I disagree with them on some matters, but I don't think that they are corrupt. I would agree that most of Congress is mostly corrupt, however, and that the rest isn't much better.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  86. ...another one bites the dust by Anonymous Coward · · Score: 0

    ...quick, where can I download an MP3 of the Queen classic?