4 ms·

Im not sure I understand how LimeWire is liable, sure they offer the software, but the infringement is done by their users and not the company themselves

by madmaze 16y ago

noarchy 16y ago
Right, but look at how many other companies have lost in the courts, under similar circumstances. It isn't as though precedents have not already been set. The arguments about what users do with software are fine and well until you're on the receiving end of a multi-million dollar judgment.
tptacek 16y ago
If you know that your users are infringing copyrights, as Limewire surely does, and you facilitate that copyright infringement, as Limewire arguably does by providing P2P software principally to copyright infringers (as does seems empirically to be the case), and your product has little other purpose outside of copyright infringement (unlike, say, BitTorrent by itself), and you receive direct financial benefit from the actions of infringers, as Limewire does by charging ~$35 for their software, then you are exposed to a bunch of different vectors for indirect copyright infringement. This is not a particularly complicated legal area, except to the extent that it necessarily skirts a bunch of grey areas in copyright law.
- qeorge 16y ago
  " your product has little other purpose outside of copyright infringement" That's the killer right there. LimeWire needed to show a fair use of its product, and failed to do so.
pmccool 16y ago
Have a read of http://en.wikipedia.org/wiki/MGM_Studios%2C_Inc._v._Grokster%2C_Ltd http://en.wikipedia.org/wiki/MGM_Studios%2C_Inc._v._Grokster.... for a summary of the relevant case.
pwhelan 16y ago
I think the fact that a strong portion of their traffic is infringement is pretty damning on liability. While some people will use LimeWire for innocent behavior, or BitTorrent, let's face it, they was developed pretty much to facilitate infringement, gained their fame aiding infringement, and stayed afloat by aiding infringement. I think the RIAA and MPAA are abhorrent, but I mean... you really don't see how they are liable? Just because they are slime doesn't mean people who infringe on their property rights are magically legally absolved.

Im not sure I understand how LimeWire is liable, sure they offer the software, but the infringement is done by their users and not the company themselves

by madmaze 16y ago

Im not sure I understand how LimeWire is liable, sure they offer the software, but the infringement is done by their users and not the company themselves

noarchy 16y ago

Right, but look at how many other companies have lost in the courts, under similar circumstances. It isn't as though precedents have not already been set. The arguments about what users do with software are fine and well until you're on the receiving end of a multi-million dollar judgment.

tptacek 16y ago

If you know that your users are infringing copyrights, as Limewire surely does, and you facilitate that copyright infringement, as Limewire arguably does by providing P2P software principally to copyright infringers (as does seems empirically to be the case), and your product has little other purpose outside of copyright infringement (unlike, say, BitTorrent by itself), and you receive direct financial benefit from the actions of infringers, as Limewire does by charging ~$35 for their software, then you are exposed to a bunch of different vectors for indirect copyright infringement. This is not a particularly complicated legal area, except to the extent that it necessarily skirts a bunch of grey areas in copyright law.

qeorge 16y ago
" your product has little other purpose outside of copyright infringement" That's the killer right there. LimeWire needed to show a fair use of its product, and failed to do so.

pmccool 16y ago

Have a read of http://en.wikipedia.org/wiki/MGM_Studios%2C_Inc._v._Grokster%2C_Ltd http://en.wikipedia.org/wiki/MGM_Studios%2C_Inc._v._Grokster.... for a summary of the relevant case.

pwhelan 16y ago

I think the fact that a strong portion of their traffic is infringement is pretty damning on liability. While some people will use LimeWire for innocent behavior, or BitTorrent, let's face it, they was developed pretty much to facilitate infringement, gained their fame aiding infringement, and stayed afloat by aiding infringement. I think the RIAA and MPAA are abhorrent, but I mean... you really don't see how they are liable? Just because they are slime doesn't mean people who infringe on their property rights are magically legally absolved.