The end of LimeWire
The popular P2P service LimeWire has been effectively shut down after the New York District Court granted an injunction on Tuesday sought by the RIAA. It requires LimeWire to disable its software.
LimeWire was found to have induced the infringement of copyright by its users in May of this year. A significant factor in the decision was the finding that LimeWire had failed to engage filters appropriately by requiring users to opt-in in order to filter out copyrighted content. The Court accepted that 98.8% of file sharing that took place through the site was of copyrighted content.
The Court’s reasoning is summarised at page 32:
‘The evidence before the Court establishes that LW is liable for inducement of copyright infringement.
First, there is overwhelming evidence that LW engaged in purposeful conduct that fostered infringement: LW created and distributes LimeWire, which users employ to commit a substantial amount of infringement.
Second, the following factors, taken together, establish that LW intended to encourage infringement by distributing LimeWire: (1) LW’s awareness of substantial infringement by users; (2) LW’s efforts to attract infringing users; (3) LW’s efforts to enable and assist users to commit infringement; (4) LW’s dependence on infringing use for the success of its business; and (5) LW’s failure to mitigate infringing activities.’
The judgement may be accessed here.