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LimeWire Sues RIAA for Antitrust Violations
NewYorkCountryLawyer writes to tell us that in a recent court battle, Arista v. LimeWire, LimeWire has filed counterclaims against the RIAA for 'antitrust violations, consumer fraud, and other misconduct.' From the article: "LimeWire alleged that the RIAA's 'goal was simple: to destroy any online music distribution service they did not own or control, or force such services to do business with them on exclusive and/or other anticompetitive terms so as to limit and ultimately control the distribution and pricing of digital music, all to the detriment of consumers.'"
Still, it's the P2P services pushing back. The P2P services don't offer music, they offer files.
It's high time that a P2P service fight back in a meaningful way.
Non impediti ratione cogitationus.
... a borderline-frivolous lawsuit in your humble opinion. Obviously not for some lawyers representing Limewire.
stay off my side? I agree with that LimeWire is saying, and I like LimeWire, but their business model is based off illegally downloading music, for the most part. I don't feel like I want this business model fighting fo rour rights. It doesn't give legitimacy to our side.
You can certainly get FRCP 11 sanctions on a counterclaim on the grounds that its frivolous. So, yeah, you can have a frivolous counterclaim.
(b) Representations to Court.
By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
FRCP 12(b)(6) basically is grounds to dismiss one or more claims in a lawsuit because even if all the factual assertions made by the plaintiff are true, they have not stated a claim upon which relief may be granted.
IANAL. This isn't legal advice.
Yes, IAAL: It's hard to gauge frivolity without knowing more about the case, and about any evidence that Limewire may have that could prove out their claims. If their claims have no basis in existing law or lack any evidentiary support (i.e. are frivolous), then the lawyers, their firm, or even Limewire could be sanctioned under Rule 11.
Now that I think about it, I suspect that Limewire's counterclaims are not as frivolous as we think. Few lawyers go out and just take a piss when it comes to filing motions. There is too much at stake. Sadly, it's only the frivolous suits or the cases involving plaintiffs who receive big judgments from what at first blush seem like frivolous suits that the public really cares to hear about.
Now I'm just going to tell you this and then retreat from this argument, because I can tell you're not familiar with this subject. I don't think you've ever heard of heresay rules, for example, where judges determine whether evidence is admissable or not in a court of law (this is not "weighing the evidence, by the way--that is something different). Like most of what a judge does, it is a purely administrative function that has nothing to do with the guilt or innocence of a party, but instead provides a kind of constructive legal environment in which that determination can be made. In fairness, I didn't know that either until I went to law school. Cheers.
P.S. These are rules of civil procedure (i.e. they work great for civil cases, you know...lawsuits). Murder cases use a supplemental set of rules that prevent exactly the situation you described.
I'm glad to see someone finally attempting to take the RIAA to the mat on this one. There probably is some substance to the allegations, and it certianly would do a good job of airing the RIAA's dirty laundry, since this counter claim will entitle LimeWire to all sorts of discovery under the Federal Rules of Civil Procedure.
Unfortunately....
This is a very poorly written counterclaim. It reads like a junior-high anti-RIAA manifesto, not a pleading appropriate for a federal lawsuit. For example (this is all taken from the counterclaim):
"27. Counter-Defendants' latest attack on such 'disruptive' technology is not new, for history shows that when new technology is invented that potentially disrupts the exclusive distribution channels content owners are accustomed to and profit from, they usally attack such technology with a vengance"
"28. This case is but one part of a much larger modern conspiracy to destroy all innovation that content owners cannot control and that disrupts their historical business models."
Now, I know allegations set forth in a pleading do not require specifics (that what discovery and trial are for...to prove facts), but c'mon. These are extraordiarily sweeping generalizations. Further, LimeWire may have problems actually proving the RIAA is attempting to destory "all innovation", as allegation 28 claims. I imagine that they are attempting to use this pleading as some kind of a manifesto, but that is not appropriate for a court of law, and virtually ensures limewire will not survive RIAA's motion for summary judgment on the counterclaim.
Fortunately, pleadings can be easily amended, and I hope LimeWire will amend them so the legitimate issues can actually have a chance to be litigated. Such sweeping allegations do little to set precedent, even with a summary judgment motion (as a smarter litigator would lay out more specific claims, largely precluding any precedental effect); nonetheless, it makes the anti-RIAA cause seem childish and devoid of intellegent argument against the RIAA's monopolistic practices.
The RIAA wants you to pay for that single, not download it for free. And while I agree that it may suck that you would have to go to Tower to indulge in your obsessive love for all things Britney, it's not as if the RIAA is trying to steal or throw out your vote, or kill your grandmother.
Exactly.. they sell you something then insist you're not allowed to do as you please with it, which is direct impediment of the individual right to personal property in the civilized world. This itself is not the most damning manifestation of this attitude though.. they now insist on slapping DRM all over everything... This would be like me selling you a house but denying you the right to open any exterior or bedroom doors, it is a spit in the face to the democratic concept of self determination and the capitalistic concept of individual property. You essentially become a serf.. you're not allowed to own what you buy.. you have to pay taxes on it though!
In order to prop up this regime they make sure EVERY political candidate is under their thumb. They do this by a carrot(bribery) and stick(threats of bad press.. their holding companies own the main stream press) approach.
Then when they can't properly keep a lid on it.. and keep up with technology, consumer demand, and the times, they extort random people into bankruptcy via manipulated laws.. threatening to "sue".. but if they simply don't challenge it they'll "only" have to pay 4 to 10 grand.. isn't that nice of them..
They are also campaigning and engaging in "re-education" of the populace.. isn't a representative democracy supposed to reflect the will of the people? I thought "re-education" only occurred in orwellian dystopias and totalitarian regimes.
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
Yes, they would care.
The Record Companies and by extention the RIAA are just like the Agents in "The Matrix". "They hold all the keys, and they guard all the doors" If you are going to distribute music in a big way, you MUST go to the Lables. If you, as a retailer, want to sell popular music, you MUST go to the Lables.
The Lables, take most of the risk, putting out hundreds of albums a year, with only a few proving to be hits. But the ones that really are hits, make the Lables lots of money. Today, some of the best selling ablums, day in, day out, are Pink Floyd, and The Beattles. This back catalog, costs them nothing, but rakes in big money, day after day after day.
Why? Because in the indentured servitude of artist to the record lable. The lable owns the music forever and makes the big money off of anything that sells. If it is not fair, why then does the artist not sign the unfair contract and sell it themselves? Because the reality is, without a lable, you cant sell on a large scale or get airplay, for a large enough audience to hear your music.
P2P is one of the ways the internet changes that. And if ANY artist, any garage band, via there website sells their album, and via P2P, have people discover there music, and then there website. The record labels, see NONE of that money. They can't claim the lions share for taking the risk for the artist of putting the album out. They can't take the lions share for the burden of adverising. They can't take the lionss share for being the source of music that sells.
For the lables to continue to make the kind of money they are used to, being what, 80% or more of the acutal profit from record sales, they have to be THE SOURCE for music. P2P has the power to cut them out of that loop and reduce them to having to play fair with artits and retailers. Taking their fair share for the work they do, and the service they actually provide artits.
They may squeel like a stuck pig right now, over piracy, and how much they are loosing, even with them making more now than they ever did before. But in the shell game of what is real, and what is spin, follow the money. The shell with the money under it, the one they keep in motion, the one they are trying to distract you from. Is the one where P2P destroys their stronghold on both the artist and retailer.
vi +