Feeds

File-sharing software firm loses US case

Another one bites the dust

SANS - Survey on application security programs

Another file-sharing software maker has been found guilty of causing copyright infringement. A US judge has said the Morpheus software produced by StreamCast breaks the law.

The ruling is another victory for the entertainment industry, which has had a string of recent victories and concessions. Just weeks ago Kazaa settled with the music industry for $100m.

MetaMachine was ordered to pay $30m to settle a copyright suit earlier this month over its eDonkey and Overnet file sharing software. Napster shut down and only the brand survived, now fronting an authorised download site and Grokster has been shut down by courts.

In 2003 Judge Stephen Wilson ruled that StreamCast could not be held responsible for the actions of its software's users, a decision that was backed by the appeals courts. Last year, though, the Supreme Court in the US ruled that file sharing software companies were liable for the software's use because they encouraged or induced users to commit copyright theft.

The Supreme Court then sent the case back to Delaware and to Wilson, who has delivered his revised judgment.

"In the record before the court, evidence of StreamCast's unlawful intent is overwhelming," he wrote this time around in his judgment. Granting a motion for summary judgment against StreamCast, he said there was evidence of "massive infringement" on the StreamCast network.

The suit had begun in 2001 when a coalition of film studios, music publishers and record labels sued StreamCast as part of the MGM v Grokster case, in which many other companies were named. After the Supreme Court ruling, which covered all the named companies, StreamCast was the only company to continue to fight its case. An appeal against the ruling is still possible.

RIAA chairman Mitch Bainwol said in a statement: "This court has spoken clearly, powerfully and persuasively to the principle that businesses based on theft will be held accountable."

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

3 Big data security analytics techniques

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Ex–Apple CEO John Sculley: Ousting Steve Jobs 'was a mistake'
Twenty-nine years later, post-Pepsi exec has flat-forehead moment
Number crunching suggests Yahoo! US is worth less than nothing
China and Japan holdings worth more than entire company
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.