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-   -   Important Copyright Ruling: LimeWire Crushed in RIAA Infringement Lawsuit (https://gfy.com/showthread.php?t=968182)

Kingfish 05-12-2010 06:01 PM

Important Copyright Ruling: LimeWire Crushed in RIAA Infringement Lawsuit
 
Quote:

Lime Wire and its former CEO are liable for the copyright infringement executed by its users, a New York federal judge said on Tuesday.
The opinion is a blow to Lime Wire, one of the few remaining peer-to-peer file-sharing software developers that stayed in business following the Supreme Court ruling against Grokster in 2005.

In her decision, Judge Kimba Wood of the U.S. District Court for the Southern District of New York said it was clear that Lime Wire intended to encourage copyright infringement. The company was aware of substantial infringement by users, it worked to attract infringing users, it depended on infringing users for the success of its business and it failed to mitigate infringement, she said?
http://www.pcworld.com/article/19619...ringement.html

Shap 05-12-2010 06:21 PM

Quote:

Originally Posted by Kingfish (Post 17133762)

Damn! When something goes to court you never know what the judge will do.

Kingfish 05-12-2010 06:27 PM

I like it if what is reported is an accurate description of the ruling and it holds up on appeal simply having a business model that relies on user infringement makes you personally liable for the infringement. This has the potential to change the entire user submitted business model. (tube, gf site, bbs you name it)

Barefootsies 05-12-2010 06:30 PM

Cue gideongallery in 5...4....3......

Nasty 05-12-2010 06:32 PM

You mean that software actually did something besides spread trojans and viruses?

Vexes 05-12-2010 06:47 PM

I guess the judge is not a time shifter :(

LoveSandra 05-12-2010 07:16 PM

uh uh uh....

fatfoo 05-12-2010 07:32 PM

Lime Wire - I have used it. I did not know this case was so serious.

L-Pink 05-12-2010 08:11 PM

Good ...

.

EdgeXXX 05-12-2010 08:50 PM

Quote:

Originally Posted by fatfoo (Post 17133940)
Lime Wire - I have used it. I did not know this case was so serious.

Interpol is going to confiscate your bot for that.

GatorB 05-13-2010 12:02 AM

Quote:

Originally Posted by Vexes (Post 17133826)
I guess the judge is not a time shifter :(

Please. Limewire wasn't used for timeshifting. The people I knew that used that crap only used to to illegally obtain copyrighted material for free. Timeshift. Just as bad as people that claim they only had child porn for "research" purposes.

kane 05-13-2010 12:39 AM

Good. I'm glad to see the hammer starting to fall on some of these scumbags.

Dirty Dane 05-13-2010 03:08 AM

Quote:

Originally Posted by Barefootsies (Post 17133794)
Cue gideongallery in 5...4....3......

<-- insert timeshift here -->

$5 submissions 05-13-2010 03:14 AM

Interesting TEST she used.

Quote:

he company was aware of substantial infringement by users, it worked to attract infringing users, it depended on infringing users for the success of its business and it failed to mitigate infringement,
The second factor would be the problem in nailing "illegal tubes" -- worked to attract infringing users. The rest of the elements are probably present in the facts surrounding most "illegal tubes".

Caligari 05-13-2010 06:05 AM

Beautiful. As I've said before, things are moving rapidly against copyright infringers and this will continue to gain momentum despite "safe harbor" and equally lame crap.

The other breaking story of interest where the producers of the movie Hurt Locker are going after the USERS who downloaded their film illegally. They already have cooperation of 75% of the isps.
http://thresq.hollywoodreporter.com/...e-pirates.html

This is all getting quite serious and the bells are tolling...

Ravage 05-13-2010 12:39 PM

Quote:

Originally Posted by Caligari (Post 17134822)
The other breaking story of interest where the producers of the movie Hurt Locker are going after the USERS who downloaded their film illegally.

That's the most interesting part. If they can get a decision to stick on the downloading end-users vs the users that are sharing, that'll be a huge impact decision.

Kingfish 05-13-2010 06:05 PM

Here is the actual ruling if anyone wants to read it:

http://online.wsj.com/public/resourc...limewireop.pdf

DEA - banned for life 05-13-2010 06:18 PM

How many of us would owe millions to sony or virgin records if they decided to go after the "little guy" back in the 80's and 90's

http://www.ac-et.com/bargains/photos/large/2828.jpg

J/s :2 cents:

Robbie 05-13-2010 06:22 PM

Quote:

Originally Posted by DEA (Post 17137608)
How many of us would owe millions to sony or virgin records if they decided to go after the "little guy" back in the 80's and 90's

J/s :2 cents:

None of us. Because people doing tape trading or making copies to play in their car weren't destroying the music industry. Once it went online and started being mass distributed to millions of people for free...that's when it became destructive.

You should get together with gideongallery. He likes to talk about VCR's. You could bring the cassette deck. I'll bring the reel to reel tape machine. It won't matter...none of it put together for all the 1970's, 1980's and 1990's combined would add up to just one hour of people downloading stolen content today.

DEA - banned for life 05-13-2010 06:29 PM

Quote:

Originally Posted by Robbie (Post 17137618)
None of us. Because people doing tape trading or making copies to play in their car weren't destroying the music industry. Once it went online and started being mass distributed to millions of people for free...that's when it became destructive.

You should get together with gideongallery. He likes to talk about VCR's. You could bring the cassette deck. I'll bring the reel to reel tape machine. It won't matter...none of it put together for all the 1970's, 1980's and 1990's combined would add up to just one hour of people downloading stolen content today.

i agree 100% but i am LOL'ing at "tape trading"..isnt that what p2p is ?.. the concept is still the same..although the technology obviously is more advanced today..stealing is stealing...just ironic that it was ok to bootleg Van Halen 1984 back in the day off a friends store bought copy but now it could put you in jail or serious debt:Oh crap

MRock 05-13-2010 06:30 PM

Bump for the truth of Robbie. Thanks for the info on the ruling.

L-Pink 05-13-2010 06:33 PM

Quote:

Originally Posted by Robbie (Post 17137618)
None of us. Because people doing tape trading or making copies to play in their car weren't destroying the music industry. Once it went online and started being mass distributed to millions of people for free...that's when it became destructive.

You should get together with gideongallery. He likes to talk about VCR's. You could bring the cassette deck. I'll bring the reel to reel tape machine. It won't matter...none of it put together for all the 1970's, 1980's and 1990's combined would add up to just one hour of people downloading stolen content today.

Very well stated.


.

Robbie 05-13-2010 06:40 PM

Quote:

Originally Posted by DEA (Post 17137635)
i agree 100% but i am LOL'ing at "tape trading"..isnt that what p2p is ?.. the concept is still the same..although the technology obviously is more advanced today..stealing is stealing...just ironic that it was ok to bootleg Van Halen 1984 back in the day off a friends store bought copy but now it could put you in jail or serious debt:Oh crap

Yeah, you're right. In my opinion though...it's not the companies that produced the contents fault. They are simply trying to stay alive. And I don't think anybody has ever had a problem with people sharing shit with their buddies.

I think if people want to place blame, it should be placed squarely on the shoulders of the torrent and file sharing sites that are USING people to upload content that they got from a paysite to create the traffic demand for free shit that the site is monetizing on pre-paid ad spots.

I don't think any company wants to go after the end user/potential consumer. But the way the laws are written has kinda tied everybodies hands behind our backs to keep us from going after the REAL crooks: The owners of the torrent and file sharing sites.

majortom 05-13-2010 06:53 PM

Quote:

Originally Posted by Barefootsies (Post 17133794)
Cue gideongallery in 5...4....3......

I bump that judge:thumbsup

PornMD 05-13-2010 06:56 PM

Gideon's late. Lemme guess, he'll say "will lose on appeal" or something.

justinsain 05-13-2010 07:23 PM

Quote:

Originally Posted by Robbie (Post 17137618)
None of us. Because people doing tape trading or making copies to play in their car weren't destroying the music industry. Once it went online and started being mass distributed to millions of people for free...that's when it became destructive.

You should get together with gideongallery. He likes to talk about VCR's. You could bring the cassette deck. I'll bring the reel to reel tape machine. It won't matter...none of it put together for all the 1970's, 1980's and 1990's combined would add up to just one hour of people downloading stolen content today.

This got me to thinking about the stereo system I had back in the late 70s :)

I had everything to make copies but they never went to anyone else.
Albums went to the reel to reel for continuous play.
Albums went on cassette so I could listen to them in the car.
Had lots of friends but I was never asked to make them a tape.

I'm sure others gave out copies but it was nowhere near what happens today with intellectual property :Oh crap

http://www.julie-clarke.com/public_h.../RocknRoll.jpg

jollyperv 05-13-2010 07:36 PM

Quote:

Originally Posted by justinsain (Post 17137715)

Now that's a fucking audiophile :thumbsup

Robbie 05-13-2010 07:41 PM

Quote:

Originally Posted by justinsain (Post 17137715)
This got me to thinking about the stereo system I had back in the late 70s :)


http://www.julie-clarke.com/public_h.../RocknRoll.jpg

Goddamn! I woulda killed for that system! I never had a real nice system...just a big piece of furniture stereo/turntable that was as long as a couch with the speakers built in the cabinet. I remember getting all excited when I got a second hand reel to reel and thought I was making great recordings of my records. Matter of fact I would play the reel to reel versions I had recorded from my turntable and tell all my friends it was a better quality! Even though of course it wasn't because it was second generation. lol!

But in 1979 I thought it was the best sounding system in the world! :1orglaugh

PornMD 05-13-2010 07:59 PM

Quote:

Originally Posted by justinsain (Post 17137715)

Looks funny to see all that tech with old-fashioned lamps/tables, though I'm guilty of the same kind of thing, lol. Musta been bad ass...I've lived in apartments/condos for most of my life so I've forgotten what a good audio system sounds like.

Adraco 05-13-2010 08:13 PM

Quote:

Originally Posted by Robbie (Post 17137656)
Yeah, you're right. In my opinion though...it's not the companies that produced the contents fault. They are simply trying to stay alive. And I don't think anybody has ever had a problem with people sharing shit with their buddies.

Robbie, I always highly value your opinion as both clear and balanced, seriously - thanks for taking the time out of your day to post! :thumbsup

But here I think you make a logical mistake. If it was ok to copy a record in the 80's with/for your friends, in reality I'm not doing anything different today if I were to share a new song with my friends on Facebook. True, it's much easier, many more can do it, it takes less time to produce thousands of copies and with the help of Internet it can be available for being copied around the clock.

But in reality that is really the only thing that has happened. It's much easier to faster produce a massive amount of copies. In principle, it's still doing exactly the same thing, different technology but the outcome is the same. Based on that principle, one could argue that today's craving for "free" is based or fostered from and among those who learned back in the 80's that it was ok.

Make no mistake about it, I strongly oppose copying, file sharing, torrents and the like. Have I tried them, sure, like most everybody else. I quess we're all children of our own time. Just as you say it was ok back in the 80's, one could say today it's ok to copy cd's, videos and so on. The problem is of course the scale, now one illegal copy can slip out and then pretty much ruin the whole product, practically overnight one illegal copy of a song can be in every American home and most listeners in the Western hemisphere. It would have taken an awful lot of time and arrangements to produce that vast amount of copies on regular tapes, and many child copies far out in the family tree would be of so degenerated quality it would not be pleasant to listen to.

Do I think that something need to change in order for content producer's, musicians and other creative artists can earn a living and even take an occasional economical hit if something turns out to not be popular/sell at all? Yes, absolutely. But the only real difference is speed, and that you and I don't need to know each other today to still be able to share/copy a new song.

Not here to bash you in any way, but saying that it was ok at one time and then turn kind of cripples the argument. Speed, preserved quality and easy of contact/organization are the only differences, the principle - copied content - is still the same.

Robbie 05-13-2010 08:32 PM

I don't disagree in theory with what you're saying Adraco. But it wasn't just okay in the 1980's. It was okay in the 1960's and 1970's too. And long before that as well. My dad is an antique dealer...and not only was there an Edison phonograph with dual cylinders to make copies, but a lot of folks back in the 1800's would just take a blank wax cylinder, put it on a phonograph and bring another phonograph in front of it and record a copy.

What I meant was that people sharing stuff amongst friends has always been around.

But big websites monetizing it and using people like pawns to do the stealing for them and then monetize the traffic has led us to what is happening today with entire sites being ripped and given away for free to millions of people. Thus completely devaluing the product.

That never existed until the internet age.

That's what I meant when I said that people who produce things never cared about people sharing with their buddies. If I made a cassette copy of the latest Pink Floyd record back in the 1970's and gave it to my best friend...he wasn't gonna be satisfied until he had his own copy of Dark Side Of The Moon without the generational loss and hiss of the shitty cassette copy.

Fast forward to now...and millions of people can just download it online for free in CD digital quality.

That's the difference for music, and why the only place you can buy music is at Best Buy or Walmart. No more music stores. That industry has been all but destroyed and tens of thousands of jobs lost because of piracy.

BIG difference between friends sharing a tape compared to internet piracy and file sharing when applied to the real world.

And the factor that makes it completely different...is the guy running rapidshare or hotfile or piratebay making millions of dollars without lifting a finger while the folks who did the work, took the risks and had the creativity to begin with...starve.

justinsain 05-13-2010 08:36 PM

Quote:

Originally Posted by Robbie (Post 17137730)
Goddamn! I woulda killed for that system! I never had a real nice system...just a big piece of furniture stereo/turntable that was as long as a couch with the speakers built in the cabinet. I remember getting all excited when I got a second hand reel to reel and thought I was making great recordings of my records. Matter of fact I would play the reel to reel versions I had recorded from my turntable and tell all my friends it was a better quality! Even though of course it wasn't because it was second generation. lol!

But in 1979 I thought it was the best sounding system in the world! :1orglaugh

My parents had the same style stereo hi-fi. It had a TV in the middle with speakers on each side and you would lift the top up to get to the turntable or controls. It looked like a piece of furniture and was as long as a couch :thumbsup

I'm guessing this picture was taken around 1977 because of the album I'm holding. Back then a typical stereo was a receiver with a turntable built on top and hardly any stores carried stuff like this. The reel to reel was an Akai that my brother bought in the PX while fighting the Vietnam war. The rest I got mail order. Stereo sound was mainstream and quad sound was just starting to emerge. The Onkyo Receiver put out to all four speakers and when in their place the sound filled the room perfectly.

While my friends all had stereos that sat on their night tables I was quietly spending my paychecks on this setup. Compared to the average stereo of that day it sounded unreal. Friends would come over and I'd blow them away with some Ted Nugent, Boston or Pink Floyd.

Good times for sure :)

Adraco 05-13-2010 09:07 PM

Quote:

Originally Posted by Robbie (Post 17137814)
[Edited out some parts, marked with ... ]

I don't disagree in theory with what you're saying Adraco. But it wasn't just okay in the 1980's. It was okay in the 1960's and 1970's too. And long before that as well. My dad is an antique dealer...and not only was there an Edison phonograph with dual cylinders to make copies, but a lot of folks back in the 1800's would just take a blank wax cylinder, put it on a phonograph and bring another phonograph in front of it and record a copy.
...
But big websites monetizing it and using people like pawns to do the stealing for them and then monetize the traffic has led us to what is happening today with entire sites being ripped and given away for free to millions of people. Thus completely devaluing the product.

That never existed until the internet age.
...
BIG difference between friends sharing a tape compared to internet piracy and file sharing when applied to the real world.

And the factor that makes it completely different...is the guy running rapidshare or hotfile or piratebay making millions of dollars without lifting a finger while the folks who did the work, took the risks and had the creativity to begin with...starve.

This is why I continue to value your opinion and try to read and follow your posts!

Already Gutenberg or the munks/priests copied, but at that time it was books. Allright, we can stop the history lesson there. :)

I of course concur with you that the problem arises when someone makes it a business, a very profitable one, to live and earn off of someone else's property/work. It would be like free books outside the store and free cd's outside the concert and somehow the one giving them out would earn by having ads on his shirt.

And maybe the only way to stop it/prevent it would be to limit the right to free speech, and not allowing such websites at all. Get Google and Yahoo onboard to not list them or the content, that you as an author "registers" your new content with the Big G&Y and receives some kind of key. Then it will only be allowed to be played/listed/shown on sites withch have the autorization key. Maybe making it illegal to advertise on those stealing sites? It's already complicated to host them and not many host's will touch them. By continuing to chase them, the cost of moving or protecting themselves will eventually became too high to make it worth it. Harder bank regulations, not allowing banks to move/handle such incomes. More digital money, so it could be more and easily followed. Unfortunately the US are ages behind Europe in this. I mean, writing paychecks to workers, sending affiliate commissions as checks - it all seems like a big joke :1orglaugh. Haven't seen a check in Europe or Japan the last 10-12 years, but everytime I'm in the States - everywhere. Hopeless! And so much harder to track down than would be bank payments all in the digital world.

Maybe this industry, which I'm not in full time just spare time, would need to come together and create some kind of union to work against this. Then questions comes to who to pay for it and how much? That's a different discussion, but as long as one guy sits over here having his own little empire and another over there with his little empire, it's very easy to use uerilla methods against both and take advantage of them not talking or being organized enough. For someone who sees the opportunity and is a little organized, they can even become larger than all those small empires here and there, and then by their sheer size be able to hire lawyers and techs to protect them, legally and technically.

Off to a meeting in an hour, gotta get ready. Good morning from Europe!

Serge Litehead 05-13-2010 09:19 PM

Quote:

Originally Posted by Adraco (Post 17137863)
And maybe the only way to stop it/prevent it would be to limit the right to free speech, and not allowing such websites at all.

this is what governments do, when they don't have solution or know how they put restrictions. solution for technology is technology.

Robbie 05-13-2010 10:15 PM

I think the simplest way would just be for the govt to define "user uploaded"

If it's going to be "user uploaded" then it must be created by the user. And not just a user taking somebodies else's video and piecing them together and calling it "parody" or any other nonsense way to sleeze around the fact.

If you're going to do a "parody" then do it the way it's supposed to be done. Dress up as the characters and film it yourself. You don't see the Saturday Night Live comedy show using actual footage from other sources when they do a skit with the President or a well known entertainer as the subject.

Nope, they show some actual talent and creativity and dress up and act the part themselves. THAT is parody in film.

My point is that if "user upload" = "100% user created", then the problem is solved. No need for censorship or taking away anybodies right to free speech.

Then let rapidshare and piratebay and pornhub and all the rest of them see how well they can monetize video clips of teenage rock bands playing or stupid animal tricks.

Barefootsies 05-13-2010 10:23 PM

Quote:

Originally Posted by Robbie (Post 17137618)
You should get together with gideongallery. He likes to talk about VCR's.


DamianJ 05-14-2010 03:13 AM

Quote:

Originally Posted by Robbie (Post 17137618)
people doing tape trading or making copies to play in their car weren't destroying the music industry. O

That isn't what the music industry said at the time.

Remember this?

http://upload.wikimedia.org/wikipedi...ling_music.png

(That was British so you probably didn't see it, but it was massive here).

What about videogames?

How about Don't Copy That Floppy? http://en.wikipedia.org/wiki/Don%27t_Copy_That_Floppy

Or this?

http://en.wikipedia.org/wiki/Beware_...assettes#1990s

When the printing press was invented, all the monks said it was piracy. And would ruin them.

DamianJ 05-14-2010 03:17 AM

Quote:

Originally Posted by Robbie (Post 17137962)
I think the simplest way would just be for the govt to define "user uploaded"

If it's going to be "user uploaded" then it must be created by the user. And not just a user taking somebodies else's video and piecing them together and calling it "parody" or any other nonsense way to sleeze around the fact.

If you're going to do a "parody" then do it the way it's supposed to be done. Dress up as the characters and film it yourself. You don't see the Saturday Night Live comedy show using actual footage from other sources when they do a skit with the President or a well known entertainer as the subject.

Nope, they show some actual talent and creativity and dress up and act the part themselves. THAT is parody in film.

My point is that if "user upload" = "100% user created", then the problem is solved. No need for censorship or taking away anybodies right to free speech.

Then let rapidshare and piratebay and pornhub and all the rest of them see how well they can monetize video clips of teenage rock bands playing or stupid animal tricks.

How do you propose they police the sites to remove copyrighted content?

NetHorse 05-14-2010 04:15 AM

Quote:

Originally Posted by DamianJ (Post 17138313)
How do you propose they police the sites to remove copyrighted content?

Piracy can be reduced by a lot and it can happen very quickly. All it takes is for Congress to pass a bill. Piracy is not just going to continue to grow exponentially without anyone stepping in to make some new rules. As internet connections get faster and industries lose more and more money something will be done.

My guess is some government "panel" will come in to rescue the industries effected, (music, movie, software, adult).

The recording industry has already dropped its policy of filing lawsuits against individual infringers in favor of partnering with ISPs to filter for unlawful content.

Congress has also already introduced an amendment that would allow for "reasonable network management" practices such as deterring unlawful activity, including copyright infringement.

If a panel like this was created then sites could be "filtered" by all the largest telecommunication giants. Imagine if this "panel" said we are going to block all U.S. based traffic to Piratebay, rapidshare, megaupload, etc, etc..It would obviously never eliminate piracy but it will put a huge dent in it and at a big cost to our current unrestricted internet.

Caligari 05-14-2010 05:56 AM

Quote:

Originally Posted by DamianJ (Post 17138305)
That isn't what the music industry said at the time.

Remember this?

http://upload.wikimedia.org/wikipedi...ling_music.png

I remember that one. I think the point is being missed here though. Back in the 70's-80's etc there were no enablers such as Limewire which makes money by making illegal downloads accessible to everyone with a click.
There was no "sharing store," you got a mix tape from a friend. Limewire has made it possible for millions of users to download illegal content everyday and by doing this they are making buttloads of money. Limewire PRO...fuck em. Take out the big enablers of pirated content.


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