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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. "

31 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 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.
    3. 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 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?
    3. 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.

    4. 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.
    5. 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.
    6. 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.
    7. 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.

    8. 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
  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 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..

  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. 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.

  8. 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.
  9. 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

  10. 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 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.

    2. 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. 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...

  12. 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
  13. 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!

  14. 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.)