Slashdot Mirror


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. "

68 of 304 comments (clear)

  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 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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
  2. 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 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.

    7. 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.
    8. 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
    9. 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?
    10. 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.
    11. 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.
    12. 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.
    13. 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.

    14. 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
    15. 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
    16. 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.
    17. 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.

    18. 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.
    19. 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).

  3. 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 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?

    3. 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.

    4. 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.

  4. 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 Barny · · Score: 4, Funny

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

      --
      ...
      /me sighs
  5. 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: 2, Insightful

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

  6. 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.
  7. 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.

  8. 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.
  9. 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 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.
  10. Man, that's a downer by Anonymous Coward · · Score: 2, Funny

    Thank God I use eMule.

  11. 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 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
    2. 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.
    3. 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.
  12. 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 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.
    4. 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
  13. 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...

  14. 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
  15. 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.

  16. 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
  17. 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!

  18. 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 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.
    2. 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?"

  19. 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?

  20. 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!
  21. 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.

  22. 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...

  23. 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 ..
  24. 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.