The end of Limewire

15 May 2010

Limewire, the end to another file sharing success story

The Recording Industry Association of America (RIAA) was successful this week with an application (known as a motion in the US) for summary judgement against Limeware and its founder Mark Gorton. If this seems straightforward then it was not, as the lawsuit was filed in 2006. The bonus for RIAA was the personal judgement against mark Gorton for inducing copyright and engaging in unfair competition.

Supreme Court Justice David Souter wrote in the court's opinion: "We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

This view seems to be a similar decision to the one reached in March in the Newzbin case where it was held that "The defendant is liable to the claimants for infringement of their copyrights because it has authorised the copying of the claimants' films; has procured and engaged with its premium members in a common design to copy the claimants' films; and has communicated the claimants' films to the public".

The battle against the file sharers has continued for many years both in the US and throughout the world. Many thought back in 2005 with the MGM -Grokster decision that that decision would mean the end for the file sharing industry but apparently not, as more and more file sharing companies sprang up seeking to challenge the authority of the rights holders.

Limewire though is a serious scalp and a scalp with money. It is claimed that Lime Wire has amassed more than 50 million unique monthly users since 2000 and many of these 50 million pay fees of $35 a year - so you can see why the RIAA were so keen to bring this case. Will it be the end of filesharing? No chance.

Michael Coyle is a Copyright Solicitor Advocate and can be contacted at michael.coyle@lawdit.co.uk or on the office numbers at 02380 235979. Lawdit Solicitors is a commercial law firm specialising in all aspect of commercial and IP/IT law.