Thursday, May 13, 2010

Labels win big in LimeWire case

A federal judge in New York yesterday handed the major record labels a huge win yesterday, granting summary judgment in their favor against the purveyors of the LimeWire peer-to-peer software. Judge Kimba Wood found that LimeWire's operators had induced infringement by its users, evidence of which came in five forms:
(1) LW’s awareness of substantial infringement by users; (2) LW’s efforts to attract infringing users; (3) LW’s efforts to enable and assist users to commit infringement; (4) LW’s dependence on infringing use for the success of its business; and (5) LW’s failure to mitigate infringing activities.
I don't have time to go into any detail right now; here are a few sources of reactions from the usual suspects: CNET; Ars Technica; Progress & Freedom Foundation's Tom Sydor; Barry Sookman; and Public Knowledge.
Arista Records Summary Judgment Opinion
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1 comment:

  1. PonyoMay 18, 2010 at 6:28 AM

    I'm surprised that case is still going on. Do people even still use limewire? I suppose the topic itself isn't moot, but can the courts resolve that case so we can get to more serious issues, like the severe dearth of band names: http://lawblog.legalmatch.com/2010/03/08/shortage-of-band-names-causing-trademark-disputes/ In case you weren't aware, I was being sarcastic.

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