Friday, September 26, 2008

Amicus curiae brief submitted in Arista v. Limewire on secondary liability and inducement

In Arista Records v. Lime Wire, an amicus curiae brief has been submitted on the issue of 'secondary liability' and the 'inducement' rule, by the following organizations jointly:

-Electronic Frontier Foundation;
-Center for Democracy and Technology;
-Computer & Communications Industry Association;
-Consumer Electronics Association;
-Home Recording Rights Coalition;
-Information Technology Association of America;
-Public Knowledge;
-Special Libraries Association; and
-U.S. Internet Industry Association.

Although the brief states that it is submitted on behalf of "neither party", it takes issue with arguments made by plaintiffs in connection with the parties' summary judgment motions.

Amicus curiae brief of EFF and 8 other organizations

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

1 comment:

Anonymous said...

On a humorous note. Plaintiffs argue that because Limewire is only extant due to infringing uses, Limewire itself infringes.

The brief rebuts the claim for sound legal reasons. Even if the brief didn't, Limewire is free open source software. This kind of software has almost no financial overhead -- it simply can't go bankrupt. So, the business itself is on amazingly solid ground.