Print 19 comment(s) - last by Hase0.. on Dec 10 at 11:58 AM

Looks like the P2P conspiracy theories won’t get their day in court

LimeWire’s antitrust countersuit was thrown out last week after a federal judge granted the RIAA’s motion to dismiss claims against the company.

Many of the claims were dismissed “without prejudice,” which would allow LimeWire’s parent company, Lime Group LLC, to file new lawsuits under state courts.

Lime Group listed a wide variety of complaints against record labels and the music industry, with the overall theme being that industry execs conspired against LimeWire and others using a variety of schemes to undermine P2P and P2P companies’ efforts to legitimate themselves.

Some of these complaints include:

  • Claims that RIAA labels banded together to exclusively support P2P client iMesh and its acoustic fingerprinting technology, while simultaneously refusing to support a similar hash-based system employed by LimeWire; when Lime Group sought the necessary hashes to employ their technology, RIAA refused, instead demanding that LimeWire acquire the rights to use iMesh’s fingerprinting tech.
  • Further, if LimeWire insisted on using its hashing technology, it would instead have to license a similar hash-based filtering system from Altnet.
  • Music industry joint ventures MusicNet and pressplay – two services that PC World dubbed “25 Worst Tech Products of all Time” due to “stunningly brain-dead features” – were nothing more than conduits for price-fixing and market manipulation. (pressplay eventually became Napster 2.0 after its 2005 acquisition by Roxio.)
  • General claims of “unfair business practices,” including threatening P2P users with litigation, pressuring artists not to license works to P2P companies, and false accusing LimeWire of promoting child pornography and piracy, among other things.

In his ruling, U.S. District Judge Gerald Lynch wrote that most of Lime Group’s claims “fail to allege an adverse effect on competition market-wide.” Additionally, Lynch noted that record labels presented over 100gb of data totaling 29 million pages worth of information for their defense, while LimeWire failed to produce “any additional facts it would plead that would enable it … to demonstrate the existence of a conspiracy.”

Lime Group’s countersuit was filed in response to the RIAA’s lawsuit against the P2P client, which was launched just days after its $100 million legal victory over Kazaa.

RIAA executives applauded Lynch’s ruling, noting that Lime Group’s countersuit was nothing but a diversionary tactic designed to “take attention away from … [the] massive infringement that is the real focus of this case.”

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Is this too much to ask for?
By A5un on 12/8/2007 11:24:18 PM , Rating: 3
All I want is for me to get CD quality music at less than $1 a song, ownership of the piece of music to allow me to play it on whatever I want, high speed download, ability to re-download if deleted on accident, free demo of the song, a easy to use interface with no ads, and album artwork for lightscribe. Are these too much to ask for?

I'm tired of buying CD's for just the few songs in there, and I'm tired to buying iTunes' low quality music.

RE: Is this too much to ask for?
By Alexstarfire on 12/9/2007 3:40:13 AM , Rating: 3
I would seem.

By Alexstarfire on 12/9/2007 3:41:47 AM , Rating: 2
Damn it, I messed up typing three words.

It would seem.*

RE: Is this too much to ask for?
By slickr on 12/10/2007 1:59:14 AM , Rating: 2
WOW, yet again a proof that there is a conspirace to kill off P2P software. Since the judge threw the counter suit this clearly speaks hes been paid millions of dollars to do so and the dudge himself should be prosecuted to the max extend of the law as well as forbiding RIAA(IDIOTS) to file a law suit again.

Not that their music is good anyways, its always 1-2 songs that are actually good from a whole album.

RE: Is this too much to ask for?
By Hase0 on 12/10/07, Rating: 0
RE: Is this too much to ask for?
By TomCorelis on 12/9/2007 5:59:18 AM , Rating: 2
Yeah, me too. But, since electronic dance music is about the only stuff I can stand to listen to at length, I'm lucky as there are a number of etailers out there who sell lossless music a la carte at a decent price. Plus, vinyl availability's pretty good if you're willing to pay for it...

RE: Is this too much to ask for?
By noirsoft on 12/9/2007 10:41:19 AM , Rating: 2
The only way you can ever "own" a piece of music is to write it yourself, or spend heavy money and purchase the copyright from somebody.

It's the same with books, software, movies, or anything where there is intellectual property involved. You may own the physical medium, but you do not own the intellectual property or the right to distribute it. What happens when there is no medium? How does the copyright holder enforce their rights to control distribution? Well, that's what we're working out.

By excrucio on 12/8/07, Rating: 0
RE: hah
By Pandamonium on 12/8/2007 7:11:21 PM , Rating: 2
P2P is far better than Client-Server. In the client-server scenario, someone has to pay a great deal to support the server's bandwidth. In the P2P condition, everyone shares their bandwidth to eliminate the need for a high-bandwidth server. Let's say there were only one Linux distro, and 5,000 people used it. Let's say that that group releases version 10.0 tomorrow. Instead of having a central server send 1GB x (5000 users) = 5TB, you could have each person with a complete file also become an uploader. This drastically reduces the infrastructure needed to rollout a new version of anything. BitTorrent takes this one step further by allowing people to share parts of files before they have complete copies. This reduces overhead even more. There's nothing inherently wrong with P2P or BitTorrent.

RE: hah
By Alexstarfire on 12/9/2007 3:50:33 AM , Rating: 4
You my friend, are confusing P2P with pirating. They are not interchangeable words. P2P is simply a transfer protocol while pirating is illegal downloads are such. By your definition downloading songs off a server isn't illegal/pirating.

P2P is a great idea because it basically eliminates having to own a server. That's a huge expense right there. Many small businesses can't afford servers.

I don't understand how the RIAA can sue the owners of BitTorrent client programs. All they did was make a program that downloads data via a torrent file. That'd be like suing Microsoft for allowing illegal downloads through Internet Explorer.

RE: hah
By Master Kenobi on 12/9/2007 11:12:16 AM , Rating: 2
Blizzard uses a Torrent system for distributing it's patches for WoW.

RE: hah
By SavagePotato on 12/9/2007 6:43:51 PM , Rating: 2
Perhaps there is more underlying to the RIAA's hate of peer to peer than the pirating.

Maybe it could be that they fear artists realising they can distribute their content without having to pay their royalties, and without the overhead of paying for bandwidth / hosting.

Could be it is a technology they want to villify simply because it's existance threatens theirs in ways far beyond that of simple piracy.

Just the conspiracy thought of the day.

By TomCorelis on 12/8/2007 5:21:59 PM , Rating: 5
Man, how I wish I could have added "general asshattery" in the list of complaints... :-)

RE: hah
By OblivionMage on 12/8/2007 8:25:51 PM , Rating: 2
I think the correct term would be "Asstunnelry"

RE: hah
By TomCorelis on 12/9/2007 6:04:08 AM , Rating: 2
Holy crap, that word's gone viral. Guess I wasn't the only person who thought of it as word of the day....

Is it just me, or...?
By Spartan Niner on 12/8/2007 5:09:55 PM , Rating: 5
Additionally, Lynch noted that record labels presented over 100gb of data totaling 29 million pages worth of information for their defense

If you can't beat 'em, spam 'em! Seriously, think of how many man hours it would take to go through 29 million pages worth of (mostly) crap. The RIAA has been learning from spammers, it seems.

RE: Is it just me, or...?
By SavagePotato on 12/9/2007 6:51:03 PM , Rating: 2
It took them 29 million pages to say we don't like peer to peer.

It's rather ironic. Considering the entire reason people hate the RIAA is that they are a monolithic dinosaur thats bloated and out of touch with the customers of today.

Hard headed bunch, fighting tooth and nail to stay in the past. I guess you can't realy blame them, since there is no place for them in the future.

More RIAA News [Sigh]
By ebakke on 12/8/2007 7:57:04 PM , Rating: 5
I'm still waiting for just one piece of RIAA news that leaves me thinking they're anything other than crooks.

RE: More RIAA News [Sigh]
By Samus on 12/8/2007 11:42:27 PM , Rating: 2
Ditto, that's why I can't stand giving them money. All my music is illegally downloaded, haven't bought a CD in years.

However, I've been to at least two dozen of my favorite bands shows this year. Chicago is a big city so practically any band that tours rolls through here once or twice a year...

"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)
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