by Mike Masnick

Filed Under:
copyright, limewire

limewire, riaa

Judge Orders Limewire To Shut Down; Limewire Pretends It Can Still Exist

from the yeah,-ok dept

This is hardly a surprise, given the earlier ruling, but the judge in the Limewire case has now ruled in favor of the RIAA that Limewire needs to shut down "the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality." Basically, all of the functionality. Amusingly, Limewire is pretending it can still function without any... er... functions:
An important point of clarification, LimeWire is not “shutting down”, in specific regarding our software, we are compelled to use our best efforts cease support and distribution of the file-sharing software, along with increased filtering. And, that is what we are doing.
Of course, we've seen similar file sharing apps make similar claims when the judge's hammer came down, and they all went away. Of course, it's not like this actually means anything, other than the fact that people who want to file share have already moved on to other apps and services (mostly overseas) that are even less likely and less willing to work with the recording industry, and which will be that much harder to shut down. One by one, the RIAA has killed off the few firms that actually had an interest in trying to work with the industry, so everyone has gone to the groups that want nothing to do with the RIAA in any format.

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  1. icon
    Karl (profile), 28 Oct 2010 @ 4:38pm

    Re: Re: Re: Re: Re: Re: Random thought...... Just, well you know, for the baiting of it all.

    so how does their lobbying not come under the noted exceptions?

    The right to free speech includes the right to petition the government. That's why trade organizations can lobby Congress.

    Now, they can only petition the government to adopt or enforce general laws. They still can't use the law to target specific business entities, adopt non-competitive technical specifications, or target specific purchases by the government.

    And, of course, this only applies to lobbying the government. If they collude in an economic sense, they're breaking anti-trust laws.

    The problem is that it's hard to prove "collusion" without a paper trail. For example: All of the recording contracts that new artists sign are the same "boilerplate" contract. No major label will allow you, for example, to retain the copyright on your sound recordings (not on your first contract, anyway).

    Is this collusion, or just an "industry standard?" Without actual evidence to the contrary, the law must assume the later.

    Of course, to an artist, it doesn't make any difference. They have to assign their copyright, or else they won't be signed by any member of the oligarchy.

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