After a long legal battle, Limewire finally agreed to pay $105 million in damages to the RIAA to settle its infringement lawsuit. The RIAA had previously bandied about much higher numbers, including some rhetorical discussion of the upper limits of statutory damages, which would have put the total "damages" in the range of $75 billion, something the presiding judge pointed out would have exceeded the recording industry's entire combined income since the invention of the phonograph in 1877.
$105 million isn't as much as the labels wanted, but it was enough. Once that was secured, some indie labels filed suit in an attempt to score a little cash as well. In a move both unsurprising (lawsuits are better than innovating!) and surprising (Limewire's owner not entirely made of money), major movie studios like Viacom, 20th Century Fox and Warner Bros. filed a copyright infringement suit against the shuttered P2P service.
The studios actually moved for summary judgement in this case, stating that the same principles applied in the RIAA's win could be applied to their claims as well. That was back in October of 2012. Since that point, almost nothing has happened, as is evidenced by the lack of activity on the docket.
Now, with little fanfare and even less explanation, the studios are dismissing with prejudice their suit against Limewire.
And with a signature and a date today, the more than $200 million copyright lawsuit by Hollywood against the file sharing site is over. A NYC-based federal judge today granted final approval to Paramount, 20th Century Fox, Viacom, Disney, Comedy Partners and Warner Bros' request to dismiss their almost two year case against LimeWire and its founder Mark Gorton. Filed on October 30, the motion for a voluntary dismissal with prejudice was approved by U.S. District Judge Harold Baer Jr on Thursday.
Deadline's theory is that the studios were offered a little something for their time by Limewire itself.
However, sources tell me that the studios received a hefty multimillion-dollar settlement.
That may be, or it could be that a long-defunct service that fell out of public favor years ago may not be the best opponent to waste a largely symbolic victory on. Remember, the studios and labels don't just want to extract damages from websites and services -- they also want to "educate" potential file sharers by exploiting the statutory damages provision to its fullest. Nothing educates better than fear, apparently and reminding people that they could on the hook for up to $150,000 per violation is much more "enlightening" than being bound by any mathematical realities.
Why do you say "Drop"?
The lawsuit was not dropped, it was settled, you do understand they are not the same thing right ??
Re: Why do you say "Drop"?
Then why dismiss it with prejudice? That's not what happens in a settlement procedure. Having been in a lawsuit myself, the terminology has very specific meanings.
Re: Re: Why do you say "Drop"?
It was dismissed with prejudice, as that was a term of the settlement, it is what the plaintiff agree too, defendant agreed to pay a lot of money if the plaintiff agreed to dismiss the case and not make another one on that particular charge.
It is what happens (all the time) if that is the terms of the settlement, as in this case, (and most others).
why on earth would the defendant pay $105 million, and allow the plaintiff lodge the same case tomorrow.. that does not happen !!!!
You need a new lawyer !!!
my understanding is that with prejudice means they can not bring that action again.
Many of the Doe's targeted by copyright trolls are dismissed with prejudice once they settle. Its one thing if the lawyer "promises" they won't move forward, it is another when there is a legal stipulation on the record.
"Deadline's theory is that the studios were offered a little something for their time by Limewire itself.
However, sources tell me that the studios received a hefty multimillion-dollar settlement."
Did you read past the headline? The lawsuit has been dropped however, there's unconfirmed sources saying that it's been settled.
Do you have a link to a source that confirms that there's been a settlement (in which case TD usually update the article to reflect the new facts)?
@ "PaulT": Do you have a link to a source that confirms that there's been a settlement (in which case TD usually update the article to reflect the new facts)?
It's the "TD" minion's responsibility to get the facts clear in the first place. This is classic Techdirt sequence. Despite knowing were/are rumors of a settlement, the minion went with unequivocal "Drop" in the headline; when that's pointed out as wrong, a fanboy-troll AC gainsays the first, then fanboy-troll with screen name tries to off-load responsibility to fact-check onto readers.
Anyhoo, key point is minion also tries to spin this as the studios gave up instead of settled, and that's likely wrong.
Techdirt's motto: The confusion has become so complete that it's beyond correction.
Re: Re: Re: Why do you say "Drop"?
That took a lot of words to say "no". Are you also going to go and attack the source, Deadline, for this headline?
"Studios Formally Drop $200M LimeWire Copyright Lawsuit"
Of course you're not, that would require both intellectual honesty and not having a pathological obsession with attacking one site.
You realize that phrase describes YOU more than anyone else don't you, Blue? (Actually, on second thought, you probably don't realize it all, since your delusions of grandeur cloud your vision).
1) You are obviously a "Fan-boy" since your here every single day and have a compulsive need to comment on most every article.
2) You are obviously a troll, evidenced by your need to derail every thread.
3) You are also an anonymous coward. Too scared to get a login because you are afraid of actually having your past comments attributed to you.
Re: Re: Re: Re: Why do you say "Drop"?
"Too scared to get a login because you are afraid of actually having your past comments attributed to you."
I'd say he was too scared before, but now, thanks to yours truly, he can't. At least, he can't have the user-name Out_of_the_blue...unless he wants to try hacking the account, or formally accuse me of fraud and lose the case?
The RIAA lawsuit was settled after a finding of guilt was made. The movie studios' lawsuit was "dropped" before there was any finding of guilt.
darryl just hates it when due process is enforced.
oh great the idiot "due process" fuckwit is on !!!
You've yet to explain what that means !! Mr Idiot.
I guess you don't know what it means, that's why you say it.
You not knowing what it means is a clear indication you're not in any position to make demands, let alone call someone else "fuckwit".
Err doesnt the riaa represent sony/universal ect? So wouldnt that be like taking a seco d bite if they then sued individually?
different divisions of the conglomerate.
They are separate entities, which helps when they play accounting games making sure there are no profits left from record breaking sales figures.
Could it be they are just trying to clean up the image a little?
Pretenda, Malibu Media, and scores of other seedy little trolls running their "extortion" schemes (IMHO) are gaining traction.
The hugely laughable failures of the DMCA automated notices demanding that the corporations who hired them be delisted.
The broken YouTube ContentID system taking out harmless videos, or being used to steal money by scammers.
The list goes on and on... and its breaking into more mainstream content lines.
6 Strikes - it is a fair system and nothing bad happens unless you get 6... unless the ISP decides otherwise.
Educational programs in our schools, funneling the **AA's will to children via the Center for Copyright Information. (6 Strikes program host).
It is the little people who are hurt when you download!
The RIAA got backhanded hard, and most of their recent public appearances have been silent tacit approval of what the MPAA is doing. They have to present a unified front, otherwise people will start to wonder and talk about how MP3 sales have shifted to the $1 price point for digital, yet movies still charge a hefty premium for access to clunky systems that often fail.
One might think they are going dark, trying to line up the next insane set of laws that will certainly eliminate all filesharing everywhere at once... this time...we're certain...it'll work...won't get broken...no we are positive this will do it!
The last place the **AA's want to be right now is near a courtroom.
.... and the artists receive nothing - again.
That education campaign is going so well, look at how piracy disappeared.
Who the hell still uses Limewire? Even in 2012, were people actually using that pile of crapware?
Exactly what I was thinking. But what about others? I tried Frostwire once, and the two movies I downloaded had viruses(which my antivirus program found immediately). Torrents are excruciatingly slow. Why bother with any of that P2P crap? It's direct downloads only, for me.
The RIAA would not be insane enough to ask for $75 Billion.
Instead, they asked for the perfectly reasonable amount of $75 TRILLION. More than the entire global GDP.
If the entire world cannot pay $75 TRILLION, then they should not be listening to music. If you can't pay, then don't download it and don't listen to it. :-) Feelthy pirates -- all music and movies ever created should be locked up where nobody can access them ever again -- to protect the artists.
Does anyone even use Limewire anymore?
They should have asked for 4,789 trillion "the value of earth" since that's what they seem to think they're entitled to.