CNET sued over LimeWire, blamed for "Internet Piracy Phenomenon"
By Nate Anderson | Last updated: about 3 hours ago
http://arstechnica.com/tech-policy/news/2011/05/cnet-sued-over-limewire-blamed-for-internet-piracy-phenomenon.ars
Alki David, the wealthy film producer and entrepreneur behind sites like
FilmOn, announced last year in a YouTube video that he intended to sue CNET and
its owner, CBS, for providing hundreds of millions of downloads of LimeWire P2P
software over the last decade. Today, he made good on his threat, rounding up
some rap and R&B musicians to join his case.
The plaintiffs argue that CNET had "direct participation in massive copyright
infringement on peer-to-peer systems, such as LimeWire, that are used to copy
and distribute songs, films and other artistic works," and that CNET's
Download.com was the "main distributor" of the software. P2P software isn't
illegal, though companies that use it to induce or encourage copyright
infringement can be held liable. The principle, most famously articulated by
the US Supreme Court in the Grokster shutdown, was extended to LimeWire last
year when a federal judge shut down most of the company's activity.
"CNET provided the guns"
The plaintiffs contend that CNET encouraged people to use LimeWire to violate
copyright. One of the plaintiffs, Mike Mozart, has spent the last year
collecting alleged examples of this; it's an odd mix of material that spans a
decade and multiple sites from ZDNET to CNET. He complains, for instance, that
in 2007 CNET editors printed a "spyware horror story" from a woman who had
downloaded a cracked copy of Dreamweaver using P2P software. The woman ends her
note by explaining that she has now turned to legal software, and the editorial
response says, "We're glad you've gone legit, Emily. Many freeware alternatives
are available to satisfy the software sweet tooth, and they are almost all a
safer bet than poached serial codes and keygens." Other comments, especially
those from a decade ago, more clearly imply that the P2P software being
recommended is used largely to share copyrighted music.
Alki David in a 2010 video rant against CBS and CNET
"ANY Criticism of my research by CNET must answer this following question: Did
CNET earn ANY income from any of these sales of P2P File Sharing Software
Downloads?" asks Mozart, who has an affinity for capital letters and
exclamation points that might well need treatment. "My Conclusion? The Internet
Piracy Phenomenon was fueled in large part, by the distribution of the P2P
software by CNET."
He continues:
Would gun sellers enjoy "Freedom of Press" protections if they offered catalogs
demonstrating the ease of use of the Handguns being Sold for engaging in
criminal activities such as robbing stores or banks. Then offering Solutions to
specifically cover up your crime.
CNET provided the "Guns", the P2P Software, and the encouragement to commit
"Robbery", here, the online file sharing of known copyrighted works.
As for Alki David, he's just as agitated. Last year, when he announced his
CBSYouSuck campaign, he said that the "duplicity of CBS beggars belief." CBS,
as a major media company, "finds itself publicly exposed as an irresponsible
hypocrite, that has ruined the lives of hundreds of thousands of people in the
creative community and created copyright infringement damages into the
trillions of dollars."
Today, David announced that he would seek more artists for his lawsuit,
pledging that "it will become the most significant copyright infringement
lawsuit in history."
The entire case is bizarre mishmash of conflicting loyalties. David, for
instance, is outraged at the rampant copyright infringement over P2P
software—even as he started FilmOn, which rebroadcast over-the-air TV signals
on the Internet and was shut down by a federal judge's injunction. And CBS, the
alleged home of P2P piracy, is one of the world's great media companies,
producing TV shows, books, and more.
As for LimeWire, a judge ordered its website shut down last year and the
company will soon face a trial on damages for copyright infringement. LimeWire
is also a defendant in the case along with CBS/CNET.
LimeWire is no longer available from Download.com, and an editor's note says,
"Using P2P and file-sharing software to distribute copyrighted material without
authorization is illegal in the United States and many other countries. CBS
Interactive does not encourage or condone the illegal duplication or
distribution of copyrighted content."
_______________________________________________
Infowarrior mailing list
[email protected]
https://attrition.org/mailman/listinfo/infowarrior
