Alki David, the wealthy film producer and entrepreneur behind sites like FilmOn, announced last year in aYouTube video that he intended to sue CNET and its
owner, CBS, for providing hundreds of millions of downloads of LimeWire P2P software over the last decade. Today, he made good on his threat, rounding up some rap and R&B musicians to join his case.
The plaintiffs argue that CNET had "direct participation in massive copyright infringement on peer-to-peer systems, such as LimeWire, that are used to copy and distribute songs, films and other artistic works," and that CNET's Download.com was the "main distributor" of the software. P2P software isn't illegal, though companies that use it to induce or encourage copyright infringement can be held liable. The principle, most famously articulated by the US Supreme Court in the Grokster shutdown, was extended to LimeWire last year when a federal judge shut down most of the company's activity.
I think this law suite is just another example of how the music industry is trying to hold on to the scraps of their former business. Suing CNET a desperate move to try to make money. CNET distributed fully legal software and never broke any laws. If you can make the connection to CNET and internet piracy then why not just Blame Apple or Mircosoft? Why does Apple allow illegal down loads on there OS?
There biggest argument is comparing them to selling guns. But guess what, no gun company has every been sued for making guns so it is a stupid analogy.
Friday, May 6, 2011
Sunday, May 1, 2011
Breaking Law News!! The End of Class Action lawsuits?
Breaking Law New!! The End of Class Action lawsuits?
The Supreme Court began a new term last month, and, as usual, its docket is filled with high-profile cases. Sometimes, however, the cases that are the most important keep the lowest profiles. That's true this term. This week, the court will hear what could be its most important case in years, and I'll bet you have never even heard of it.
Earlier this the Supreme Court rules that AT&T's terms of agreement, that states that they are exempt from class action lawsuits, will be upheld. Basically they are talking about that annoying Terms of Service Agreement that agree too when you buy anything or and also that agreement you have to click when using anything on your computer.
AT&T snuck in a clause that stated that by using there products you are agreeing to waiver the right to sue them in a class action lawsuit. This is illegal in most states and was turned down in all lower level courts un till it was taken to the supreme courts and was quickly overturned.
This is a huge case because they basically just got rid of class action law suits and have thrown out a large chunk of the legal code. It is as if AT&T just magically wrote down that you cannot sue them and it become law. So now the law is that you cannot sue AT&T because AT&T does not want you to sue them. And now that this case was won every single companies will out the same thing in any of there documentation.
This does not only apply to computer related companies just because you did not actually read or sign anything. When you buy anything on the market you are implying that you agree to there terms of service.
This is new pro large business and very bad for the consumer and will only make the price of living keep rising.
http://in.reuters.com/article/2011/04/28/idINIndia-56621320110428
http://www.marketwatch.com/story/supreme-court-deals-blow-to-consumer-class-actions-2011-04-28
The Supreme Court began a new term last month, and, as usual, its docket is filled with high-profile cases. Sometimes, however, the cases that are the most important keep the lowest profiles. That's true this term. This week, the court will hear what could be its most important case in years, and I'll bet you have never even heard of it.
Earlier this the Supreme Court rules that AT&T's terms of agreement, that states that they are exempt from class action lawsuits, will be upheld. Basically they are talking about that annoying Terms of Service Agreement that agree too when you buy anything or and also that agreement you have to click when using anything on your computer.AT&T snuck in a clause that stated that by using there products you are agreeing to waiver the right to sue them in a class action lawsuit. This is illegal in most states and was turned down in all lower level courts un till it was taken to the supreme courts and was quickly overturned.
This is a huge case because they basically just got rid of class action law suits and have thrown out a large chunk of the legal code. It is as if AT&T just magically wrote down that you cannot sue them and it become law. So now the law is that you cannot sue AT&T because AT&T does not want you to sue them. And now that this case was won every single companies will out the same thing in any of there documentation.
This does not only apply to computer related companies just because you did not actually read or sign anything. When you buy anything on the market you are implying that you agree to there terms of service.
This is new pro large business and very bad for the consumer and will only make the price of living keep rising.
http://in.reuters.com/article/2011/04/28/idINIndia-56621320110428
http://www.marketwatch.com/story/supreme-court-deals-blow-to-consumer-class-actions-2011-04-28
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