On May 11th, 2010, the United States District Court for the
Southern District of New York granted summary judgment in favor of plaintiffs, Arista
Records, et. al., on their claims against defendants, Lime Wire, et. al., for
secondary copyright infringement. The court found that defendants had induced
multiple users of the LimeWire online file-sharing program to infringe plaintiffs'
copyrights.
View or download the opinion in Arista Records, et. al. v. Lime Group, et. al., 06 CV 5936 (S.D.N.Y. May 11, 2010)
Plaintiffs later moved for partial summary
judgment on (1) plaintiffs' ownership or control of the works at issue, and (2) the direct infringement of the
works at issue. Plaintiffs identified 11,205 sound recordings that had allegedly been infringed
through the LimeWire system. On April 29th, 2011, the court granted in part and denied in part plaintiffs'
motion for partial summary judgment regarding ownership. Plaintiffs' motion for
partial summary judgment regarding direct infringement was granted.
View or download the opinion in Arista Records, et. al. v. Lime Group, et. al., 06 CV 5936 (S.D.N.Y. Apr 29, 2011)
For more information on this
subject, read:
Entertainment Industry Contracts - Chapter 109L: THE FUTURE OF MUSIC (If you do not have a
lexis.com ID, you can purchase Entertainment Industry Contracts at the LexisNexis Bookstore)
The Internet offers great promise
and also great challenges for the music industry. Even as Internet music sales
grew to almost $500 million in 2000, the music industry experienced an unusual
drop in the year 2000 in total US sales. Total sales actually declined 1.8%:
from $14.6 billion in 2000 to $14.3 billion in 1999 (RIAA sales report). With
the growth of CD sales ....
Entertainment
Industry Contracts - Chapter 109M: MUSIC WEBSITES (If you do not have a
lexis.com ID, you can purchase Entertainment Industry Contracts at the LexisNexis Bookstore)
Since Napster first became
popular, many people with access to the Internet, and especially those who have
had high-speed access, have opted to download songs, albeit for free and
illegally, rather than (or in addition to) purchasing albums. The more
widespread high speed access becomes, the more frequently this sort of illegal
downloading will occur. ...
Entertainment Industry Contracts - Chapter 160: MUSIC ON THE INTERNET (If you do not have a lexis.com ID, you can purchase Entertainment
Industry Contracts at the LexisNexis Bookstore)
The digital delivery medium is posed to change the dynamic of every type
of relationship that exists today in the music industry. To date, the
primary catalyst for the quicksilver changes in the music business has
been MP3, the audio compression format that allows users to easily
download high-quality audio files to a computer hard drive or portable
device. At ....
3-12 Nimmer on Copyright § 12.04[A][3][b][ii] Secondary Liability of Related Defendants - Napster, Aimster, Grokster
(If you do not have a lexis.com ID, you can purchase Nimmer on Copyright at
the LexisNexis Bookstore)
In A&M Records, Inc. v.
Napster, Inc. 165 defendant Napster argued that its service qualified as a
staple article of commerce. The district court distinguished between the
scenario in Sony, where "the only contact between Sony and the users of the
Betamax ... occurred at the moment of sale," 166 and its own case, in
which ....
3-12B Nimmer on Copyright § 12B.05[C] Information Location
Tools - Napster (If you do
not have a lexis.com ID, you can purchase Nimmer on Copyright at the LexisNexis Bookstore)
The first sustained battle under
the Online Copyright Infringement Liability Limitation Act occurred in A&M
Records, Inc. v. Napster, Inc. 46 A consortium of eighteen record companies
(later joined by various music publishers) 47 banded together as plaintiffs to
sue "an Internet start-up that enables users to download MP3 music files
without payment." 48 As ....
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