The major music labels and motion picture studios
have filed a copyright infringement suit against
three peer-to-peer file-sharing networks on Wednesday,
Morpheus,
Grokster
and Kazaa, which
have stepped into the shoes of music file-sharing service Napster following
the court injunction against it.
The plaintiffs comprise a list of over two-dozen record labels
and movie studios, among them several subsidiaries
of AOL-Time Warner's (NYSE: AOL) film and music
divisions, several arms of the Walt Disney Holding Company (NYSE: DIS),
and Virgin Records America, Inc.
The lawsuit, which was filed in Los Angeles federal court
Wednesday, cited defendants MusicCity.com, Inc., MusicCity
Networks (the operator of the
Morpheus file-swapping service),
Grokster LTD, and Consumer Empowerment BV (the
operator of Kazaa, a file-sharing service similar
to Morpheus) for creating a "21st century piratical
bazaar where the unlawful exchange of protected materials
takes place across the vast expanses of the Internet."
In a statement issued Wednesday,
Recording Industry Association of America (RIAA) president Hilary
Rosen said that neither the movie nor the recording industries
can "sit idly by while these services continue to operate illegally,
especially at a time when new legitimate services are being launched."
Labels on Offensive
The lawsuit comes at the same time as news reports
confirming that record labels are beginning to manufacture
copy-protected CDs, which will prevent purchasers from
making a backup copy or from "ripping," or copying, its contents onto
the purchaser's PC.
The lawsuit also comes as companies that provide services
similar to those once provided by Napster have evolved and grown.
The defendants listed in the suit allegedly use Consumer
Empowerment networking software known as FastTrack.
With FastTrack, such services no longer need to be
connected to a central server in order to function.
Instead, FastTrack seeks out user computers with
fast connections to use as hubs, from which other users
can connect and swap MP3s, recently released motion
pictures and videos, and computer software with one another.
Profits without Permission
This latest evolution has since allied the motion picture
industry with the recording industry. The motion picture
industry is already coping with wholesale piracy in the
Far East, among other regions.
"The filing speaks for itself," Jack Valenti, president and
CEO of the Motion Picture Association of America (MPAA)
said in a prepared statement. "As the complaint makes clear,
those named in this suit have sought to profit from works
protected by copyright, without obtaining the copyright owner's permission."
Roadblocks Likely
But unlike Napster, none of the defendants, with the
exception of Franklin, Tennessee-based MusicCity, are
U.S. companies. Experts believe this fact may
make prosecution of the complaint more complicated and problematic.
Elizabeth Sun, senior program director of Electronic
Business Strategies for META Group, Inc. told NewsFactor
Network that the record companies have a difficult road ahead.
"The record companies had a chance to address this
when Napster went down," Sun told NewsFactor.
"Since they offered no timely alternatives, Napster-like
entities will continue to emerge.
"Until they have a viable alternative with regard
to DRM (digital rights management), the 'illegal' copying will continue."
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