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Court finds LimeWire guilty of copyright infringement, RIAA cackles gleefully

Chalk one up for the music industry lobby: the RIAA has won a major victory against LimeWire, the popular Gnutella and bittorrent client.

Try as LimeWire might to at least appear to be playing by the rules, the court saw things otherwise. When you install LimeWire, the program does ask you if you plan on using it to download copyrighted stuff you shouldn't. It also warns you prior to downloading a specific file that it can't find a license on your computer. And ultimately, it's not LimeWire which does the infringing -- it's the users themselves.

But that's not enough to let LimeWire off the hook, said the court. Judge Kimba Slice Wood based the decision on several factors:
LimeWire... (1) is aware that LimeWire's users commit a substantial amount of copyright infringement; (2) markets LimeWire to users predisposed to committing infringement; (3) ensures that LimeWire enables infringement and assists users committing infringement; (4) relies on the fact that LimeWire enables infringement for the success of its business; and (5) has not taken meaningful steps to mitigate infringement.
Woods also didn't like LimeWire's advertising tactics, taking issue with the fact that ads appeared on Google searches for things like "Napster replacement," "Morpheus," "Kazaa," and the like.

I'm not trying to defend LimeWire here, but...really? AdSense ads based on search terms for other P2P software is considered further proof that LimeWire is up to no good?

Wow. Maybe now we can look forward to the RIAA going after Apple for allowing iTunes to sync music people downloaded with LimeWire...
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Tags: copyright, infringement, law, limewire, music, riaa

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