CBS & CNET Battle ContinuesAdded: Monday, February 25th, 2013
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extratorrent.com
This legal fight, headed by Alki David, was launched 2 years ago, when the billionaire decided to sue both the CBS and its subsidiary CNET. He filed a lawsuit on grounds that the companies facilitated piracy by distributing and promoting file-sharing apps.
The musicians claimed that CNET had made a huge profit by distributing file-sharing clients via its portal Download.com. In addition, the artists argued that CNET also wrote reviews about the ways the file-sharing platforms work, which contributed to copyright violation.
The initial complaint also provided a few examples of why CNET is responsible for copyright violation. In that regard, the culpability of CNET was emphasized by its own publications and reviews, where editors offered videos and screenshots of infringing content. That’s why a judge ruled in 2012 that inducement of copyright violation can be attributed to Download.com. This ruling encouraged a group of musicians to ask the court of law for an injunction which would force the portal to block all BitTorrent apps from its webpage.
In response, CBS and CNET claimed that Alki David cannot prove that the software offered at Download.com led to copyright violation. However, the group of musicians disagreed with the defendants’ claims, and pointed out that direct infringement doesn’t have to be proven. Since CBSI distributed various torrent software clients and encouraged infringement, the company is automatically responsible for all infringement on the torrent network. The plaintiffs added that even though 3rd parties like torrent publisher or a torrent site such as The Pirate Bay might be jointly responsible for such infringement, it doesn’t affect CBSI’s inducement.
The content creators also pointed out that despite claims that P2P network is also used for distributing legitimate material, CNET’s editors still instruct their readers on how to download illegal content. In the meanwhile, CBSI doesn’t deny having commercial relationships with P2P software creators or profiting in some way from its distribution. The company believes that any 3rd-party entity like CBSI could freely promote copyright violation and avoid all liability just because its users linked to another service to obtain the software.
Right now, the companies are still waiting for the District Court’s ruling on whether to impose the injunction which would prevent CNET from offering BitTorrent software.
Thanks to TorrentFreak for the source of the article
February 25th,2013Posted by:
Monday, February 25th, 2013
|These musicians? wouldn't be in the position there in without their fans. Most fans put out a ton of money going to concerts that have crazy a.s ticket prices. The prices of new CDs are through the roof. I still remember paying 6.50 for a ticket to concerts with 3 top of the line bands. I propose that the prices of concert, CDs and other band para. all get reduced so real people can afford them. At the current price levels somebody is making a ton of money and I don't believe it's CNET.|
|These guys are idiots. Are they going to sue everyone that owns a car, for Facilitating Automobile Accidents and Murder. You can Kill some one with a Pen, does that mean you stop production of pens? no... Dont Censor, Grow.|
|Oh look, another Lars Ulrick|
|posted by (2013-02-27 23:29:25)|
|I took a look @ the section of US copyright law were you are not to distribute software ex... that facilitates to copyright infringement. and as usual the MPAA is only using the do not's in stead of the exemptions to. the other issue is they claim that the DMCA list this and I never recalled this listed in it.....YEP i just looked @ the DMCA and it says so such thing. the MPAA needs to get there facts right.||
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