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.

"Young lady, in this house we obey the laws of thermodynamics!" -- Homer Simpson
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