CBS and CNET Protest Looming BitTorrent Client Ban
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Last year, Alki David and a coalition of artists sued CBS and CNET for their role in distributing uTorrent, LimeWire and other P2P software. The artists claimed that CNET profits heavily from distributing file-sharing software via Download.com, while demonstrating in editorial reviews how these application can be used to download copyright-infringing material. In the original complaint the artists pointed out several examples where CNET editors posted videos and screenshots of infringing materials. For example, a review of MP3Rocket included a screenshot of pirated songs from Madonna, Lady Gaga, Alicia Keys, Usher, Rihanna and Eminem. In July this year CBS and CNET responded that the reviews were merely opinions and that being held liable for inducing infringement would amount to a violation of their right to free speech under the First Amendment. A judge disagreed, ruling that inducement could be considered since Download.com also distributed the software they reviewed. This prompted Alki David and the artists to move forward and last November they asked the court to issue a sweeping injunction, one that would ban all BitTorrent client downloads from the popular software download portal Download.com…
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Tags: infringement, injunction, plaintiff
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