LimeWire Found to Induce Copyright Infringement

NEW YORK — In a ruling that could tip the scales against companies that distribute and market file-sharing software, a federal judge has ruled that LimeWire is liable for committing and inducing infringement and engaging in unfair competition.

U.S. District Judge Kimba Wood agreed with 13 plaintiff record companies that LimeWire's parent LimeWire LLC and its founder Mark Gorton didn't offer any supervisory control with their peer-to-peer software that mostly distributes music, as well a well-stocked inventory of pirated porn.

On Tuesday, she granted summary judgment to the labels.

"There is substantial evidence that LimeWire had the right and ability to limit the use of its product for infringing purposes, including by implementing filtering, denying access and supervising and regulating users," Wood said.

"LimeWire has not exercised any meaningful supervisory control over LimeWire users’ infringing activity, or provided a legitimate reason for its failure to do so."

Wood's ruling was a landmark one for the plaintiffs, which included Arista Records, Atlantic Recording Corp., BMG Music, Capitol Records Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records, Motown Record Co., Priority Records, Sony BMG Music Entertainment UMG Recordings, Virgin Records America Inc. and Warner Bros Records Inc.

In the case, the labels hired Dr. Richard Waterman, a statistics professor at Penn's Wharton School, who looked at a random sample of 1,800 LimeWire files and concluded that 93 percent were copyrighted and unlikely to be licensed for download through LimeWire.

"Dr. Waterman next logged the number of times LimeWire users sought to download each of the files in the sample," Wood said in her ruling. "Based on these results, Dr. Waterman estimated that 98.8 percent of the files requested for download through LimeWire are copyright protected or highly likely copyright protected, and thus not authorized for free distribution."

Wood's 59-page decision primarily was based on a unanimous U.S. Supreme Court ruling involving file-sharing service Grokster.

In the 2005 decision, the court ruled that entities that distribute a device with the object of promoting its use for copyright infringement, "as shown by clear expression or other affirmative steps," is liable for third-party infringement, even if the device is also used lawfully.

LimeWire created its service in 2000, six years prior to the record companies suit. The company at one point describes itself as the world's most popular peer-to-peer file-sharing service, with more than 50 million monthly users.

LimeWire issued a statement on Wednesday after analyzing the ruling.

"LimeWire strongly opposes the court’s recent decision," the company said in a statement. "LimeWire remains committed to developing innovative products and services for the end-user and to working with the entire music industry, including the major labels, to achieve this mission.

Wood set a June 1 conference at U.S. District Court in New York for further proceedings.

The four largest music labels are considering whether to seek an injunction prior to a status conference Wood scheduled for June 1. If that happens, LimeWire may have little room to maneuver and the company could be forced to close shop within weeks.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

NCOSE Sues 4 Adult Websites Under Kansas Age Verification Law

The National Center on Sexual Exploitation (NCOSE), a conservative anti-pornography organization, has sued four adult websites in Kansas under the state's age verification law.

Sarina Havok, Robin Coffins Launch New Site Through Grooby's Blue.xxx

Sarina Havok and Robin Coffins have launched their new membership site, SarinaAndRobin.com, through Grooby's website management company Blue.xxx.

SpankChain Pauses SpankPay, SpankMatch

SpankChain has paused SpankPay, its adult crypto payment platform, and SpankMatch, its adult networking platform.

Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

Republican Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act, which would redefine almost all visual depictions of sex as obscene and therefore illegal.

Ofcom Investigates 2 Adult Sites for AV Noncompliance

U.K. media regulator Ofcom is investigating two adult sites for failure to comply with age assurance requirements under the Online Safety Act, which Ofcom is charged with enforcing.

Show More