p2pnet news view | RIAA News:- Vivendi Universal, EMI, Warner Music and Sony Music are well-pleased.
“In Arista Records v. Usenet.com, Inc., both of the RIAA’s motions — for discovery sanctions and for summary judgment — have been granted, and the matter referred to the Magistrate Judge for determination of damages and an appropriate injunction,” says Recording Industry vs The People.
Or as CNet News sums it up, federal judge Harold Baer jr, “ruled in favor of the music industry on all its main theories: that Usenet.com is guilty of direct, contributory, and vicarious infringement.
Baer also decided Usenet, “can’t claim protection under the Sony Betamax decision. That ruling says companies can’t be held liable of contributory infringement if the device is ‘capable of significant non-infringing uses’,” says the story.
Now, “This decision is another example of courts recognizing the value of copyrighted music and taking action against companies and individuals who are engaging in wide scale infringement,” crows RIAA lawyer Steve Marks. “We hope that other bad actors who are engaging in similar activity will take note of this decisive opinion.”
Says the court document »»»
This action arises out of allegations of widespread infringement of copyrights in sound recordings owned by Plaintiffs Arista Records LLC; Atlantic Recordings Corporation; BMG Music; Capitol Records, LLC; Caroline Records; Elektra Entertainment Group Inc.; Interscope Records; LaFace Records LLC; Maverick Recording Company; Sony BMG Music Entertainment; UMG Recordings, Inc; Virgin Records America, Inc.; Warner Bros. Records Inc; and Zomba Recording LLC (Plaintiffs), copies of which are available for download by accessing a network of computers called the USENET through services provided by Defendants Usenet.com, Inc. (UCI), Sierra Corporate Design, Inc. (Sierra), and spearheaded by their director and sole shareholder, Gerald Reynolds (Reynolds) (collectively, Defendants). Specifically, Plaintiffs brought this action alleging (1) direct infringement of the Plaintiffs` exclusive right of distribution under 17 U.S.C. § 106(3);
(2) inducement of copyright infringement; (3) contributory copyright infringement; and (4) vicarious copyright infringement.
The RIAA accused Usenet.com of, “intentionally destroying the contents on seven hard drives that contained employee-generated data; providing false information; and attempting to prevent employees from giving depositions by sending them to Europe,” says CNet, adding:
“The judge found the evidence credible but denied the RIAA’s motion to hand it a victory based solely on the misconduct. Instead, the judge sanctioned Usenet.com ‘from asserting (the company’s) affirmative defense of protection under the DMCA’s safe harbor provision’.”
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
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