In a decision that could mean sweeping changes to file sharing in the United States, a federal court has found the company that operates file-sharing service LimeWire liable for copyright infringement, according to court records reviewed by CNET.
Anyone have an update? Still no judgment for damages? Injunction?
The case is alive and well. According to the pre-trial scheduling order, a trial is tentatively scheduled for January 18, 2011. The issues to be resolved at trial appear to be "all claims that were not resolved on summary judgement" as well as damages. I believe (don't quote me on this, as I'd need a pen and paper to double-check all the claims and defendants here) that the issues of contributory infringement and vicarious infringement survived the motion for summary judgement - the record labels having won on inducement and state and common law copyright claims.
The record labels moved for a permanent injunction against Limewire after the May 12th summary judgment order; they also subsequently moved for a preliminary injunction to freeze Lime Group's assets. AFAIK neither motion has been ruled on.
Thanks, Terry. I guess we'll have to wait til then.
It seems vaguely interesting to me - again, don't quote me on this, I'm woefully underqualified to discuss the implications of discovery disputes - that Limewire is seeking copies of all the contracts the record labels have with the artists of the sound recordings that the labels are specifically seeking damages for. I think the idea is that Limewire wants to introduce it as evidence to influence the jury's determination of statutory damages should the case reach trial.
Thanks mobius, I hadn't been following the case till I saw this post and was a little surprised that it was still going through and moving closer to trial. It should be interesting to see how this plays out, especially considering the recent movement in the Tenenbaum, Thomas-Rasset, and Harper appeals: the next few months may provide some new contours in the area of statutory damages relating to P2P infringement.
'bout time... and more to come no doubt... looks like it's Limewire who'll be "adapting" to the new "reality"... it's just too bad those dinosaurs couldn't "evolve" with a better business model... oh well... can't say I'll miss them, they should have tried harder.