p2pnet - rss feed: LimeWire vs the RIAA
p2pnet news | RIAA News:- LimeWire has lost its battle to convince US courts it had been harmed by Warner Music, EMI, Vivendi Universal and Sony BMG, the members of the Big 4 organised music cartel.
US district judge Gerard E. Lynch, “relied upon Bell Atlantic v Twombly, 127 S. Ct. 1955 (2007) which held that ‘aparty’s “obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do’,” says Recording Industry vs The People.
But most of Lime Group’s claims “fail to allege an adverse effect on competition market-wide,” Lynch decided.
“Lime Wire contends that counter-defendants and their co-conspirators have engaged in an integrated conspiracy to foreclose competitors and monopolize the market for the digital distribution of copyrighted music over the internet,” he says, going on:
“Counter-defendants, in contrast, characterize Lime Wire’s allegations as merely a strategic attempt to ‘muddy the issues,’ ‘increase the burden on copyright owners,’ and ‘transform a straightforward infringement case”.
Also See:
Recording Industry vs The People - RIAA’s Motion to Dismiss LimeWire Antitrust Counterclaims is Granted; Counterclaims Dismissed in Arista v. LimeWire, December 3, 2007
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December 4th, 2007 at 11:42 pm
How can anyone say the big record companies aren’t monopolising the market? It’s manifest for everyone to see.