p2pnet view P2P | Freedom | Entertainment | Music | Politics:- Did LimeWire lose? Yes, to the tune of 105 million, far less than the 2 trillion being asked by the RIAA for damages. The RIAA stipulated that each instance of each download constituted an infringement requiring the maximum statutory damages of 150,000usd for each infringement. Without a shred of evidence that ANY downloading occurred, the RIAA just made numbers up from the only confirmable number, the amount of downloads of the LimeWire Client x imaginary average household user x imaginary average downloads x average shared songs. Mind you, again, not one single download can be confirmed with evidence. Actual proof that a particular song was infringed upon by violating the distribution license of copyright was never given. Although most of the proof of guilt was due to the centralized system that LimeWire is based upon, and many files on the LimeWire servers were infringing. This is why the RIAA pursued litigation against the CEO, George Searle, as well as the company.
The litigation has resulted in an agreement, sealed of course, between the RIAA and LimeWire, et al. The RIAA doesn’t want a precedent set that could potentially eliminate the ability to pursue the CEO of whatever new innovation comes along that the RIAA doesn’t like. MP3Tunes, OINK, IsoHUNT and others know what it feels like to innovate, and then be crushed by the legal might of dinosaur industry leaders who refuse to adapt their business model.
One interesting point that Mike Masnick of TechDirt constantly makes that is incredibly relevant is this; Has anti-piracy efforts improved sales? Very succinct and direct approach to this particular metric. ROI some businesses call it, return on investment. First there was Ireland rolling over like the French in WWII, spying on its’ internet customers at the behest of the MAFIAA, then HADOPI in France. Obviously this was forced on the French due to a celebrity polishing Sarkozy’s helmet, and not because it was even relevant, effective, useful or wanted by the French people. In fact, I think there were a few polls and demonstrations against it. And now look at what a shining light of proactive anti-piracy effectiveness in action. Sony spent more on R&D for BluRay DRM than they did on the security servers hosting the PlayStation Network. Think about that for a second, and you will realize where their priorities lie.
So, LimeWire lost. Another incentive for distributed technology. DNS is now under attack from DHS/ICE, which is not even in their mandate, and with the UN requesting the US release control over ICANN, public outcry about violations of constitutional rights, seizing domains that have been legally defined in a court of law in that country as, well, legal, not to omit placing defamatory accusations that over 80,000 sub-domain web sites were seized due to being CP related. Even if this even lasted minutes, instead of days, it should constitute actionable litigation against the US GOV.
Again, another reason to migrate to OpenDNS or other alternative that does not censor. The NSA said it best when they warned that the more you invade the privacy of others, the more measures they will take to inhibit your efforts. The more pressure that is put on centralized systems, will invariably force innovation away from it and more towards decentralized systems that cannot be affected. The internet sees censorship as a roadblock and simply routes around it.
And finally, TorrentFreak has a great article about bittorrent traffic increase reported by Sandvine, a Canadian-based broadband management company, amazingly NOT owned by the MAFIAA. It shows how impressive your 8-year litigation against LimeWire produced such an immense increase in physical and digital sales… oh wait, no it didn’t! They all moved to bittorrent. And when it takes you 8 more years to litigate away bittorrent, there will be something else already waiting. Congratulations RIAA, one less mole, superb use of resources, and an incredible boost to your coven on artists. Oh wait!… the artists’ get nothing? The 105 million will go back into investing additional anti-piracy efforts and the artists get nothing?
Impressive, most impressive.
You know, mp3Tunes and GrooveShark started with less than 105 million. I bet you could have built a great Last.FM for that kinda money. Until then I will use AudioHijack and streamed free music in iTunes, and pay for ‘other’ services, like bandwidth, to access the buffet, instead of your little expensive continental breakfast.
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