She ruled LimeWire >>>
(1) is aware that LimeWire’s users commit a substantial amount of copyright infringement; (2) markets LimeWire to users predisposed to committing infringement; (3) ensures that LimeWire enables infringement and assists users committing infringement; (4) relies on the fact that LimeWire enables infringement for the success of its business; and (5) has not taken meaningful steps to mitigate infringement …
Following Napster’s demise,she says >>>
LW announced that it expected thirty percent, “[w]ith possibly up to 100 percent,” of Napster users to switch to using LimeWire and similar programs, such as Kazaa and Morpheus. [...] LW developed plans to attract Napster users to LimeWire. Internal email correspondence, often involving LW’s CEO and Director Mark Gorton, reveal that LW contemplated a number of strategies to promote LimeWire to Napster users, including initiating press campaigns on college campuses relating to “file-sharing and getting free MP3′s”; hiring “campus reps” at “Napster-banned colleges”; running a “Napster Independence Day” promotion; and publicizing features of LimeWire that make “finding your favorite artist or album . . . easier.” From 2002 to 2006, LW conducted a marketing campaign “napster mp3,” “napster download,” “kazaa morpheus,” “mp3 free download,” and dozens of other phrases containing the words “napster,” “kazaa,” or “morpheus,” would see an advertisement leading them to the LimeWire website.
From 2002 to 2006, LW conducted a marketing campaign through Google AdWords, whereby Google users who entered certain search queries, such as “replacement napster,” “napster mp3,” “napster download,” “kazaa morpheus,” “mp3 free download,” and dozens of other phrases containing the words “napster,” “kazaa,” or “morpheus,” would see an advertisement leading them to the LimeWire website. (Pl. SUF ¶ 162-167, Ex. 82.). LW’s Google advertisements promoted LimeWire with direct references to other infringementfostering programs. For example, LW purchased banner advertisements for LimeWire that read “Join Millions of Morpheus users and download the best P2P file-sharing application for free. Free music downloads . . .”; “Outperforms Morpheus!”; and “Faster Downloads Than Kazaa!”
“The evidence demonstrates that LW optimized LimeWire’s features to ensure that users can download digital recordings, the majority of which are protected by copyright, and that LW assisted users in committing infringement”, she writes, stating:
“LimeWire’s search functions are designed to facilitate searches for copyrighted digital recordings. The program’s user interface allows users to search for specific artists or albums … ”
Ex-US president Bill Clinton’s second unsuccessful nominee for attorney general in 1993, Wood made a name for herself sentencing junk bond king Michael Milken in 1990.
“Former Playboy Bunny Kimba Wood agreed yesterday not to try to send Michael Milken back to jail, provided that Milken pays $47 million which otherwise would have gone to cancer research”, says Anusha.com, continuing:
“Kimba Wood, who trained as a bunny in London’s Playboy Club but who gave up her career as a roulette croupier, along with her rabbit ears and her cotton tail, to become a federal judge, previously sentenced Milken to ten years in prison, even though she obviously did not know what Milken had done or why whatever he had done was illegal.
“Milken got out after only 22 months by agreeing to pay to the federal government some of the money he had made doing whatever it was that he did.”
Click here for the judgment.
And stay tuned.
[I originally led off with the fact Wood had been a Playboy bunny. But it was strongly suggested to me in an email this might have been interpreted as "mostly an attempt to dismiss a judge's opinion because she was once a Playboy bunny". It's "not salient to the case or the soundness of her reasoning in any way and could be seen by some as being derogatory towards women", said the email. That wasn't my intention, and I hope it wasn't seen in that light. But to be sure, I changed the headline and removed the initial 'bunny' reference.]
Jon Newton – p2pnet
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
Anusha.com – Playboy Bunny lets Michael Milken off the Hook Provided He Pays $47 Million
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