You will be redirected back to your article in seconds

Music, film industries sue file-sharing nets

Major labels to bow subscription-based digital music services

The music and film industries have trained their legal guns on the latest generation of post-Napster file-sharing services, firing off lawsuits against companies that own three of the most popular free peer-to-peer networks: Morpheus, Grokster and Kazaa.

The complaints, filed in Central California District Court by the major studios and record label groups, allege that the three networks, all of which can trade text, pictures and video clips as well as music, flout copyright law by letting their users download and swap media they don’t own.

“A tremendous amount of copyright infringement takes place on and through defendants’ network every day,” the orgs alleged in the complaints. “Defendants participate in, facilitate, materially contribute to and encourage these infringements.”

The defendants were not available for comment.

The suits come as the five major music labels make final preparations to launch their own subscription-based digital music services. PressPlay, backed by Sony and Vivendi Universal, and MusicNet, supported by EMI, Bertelsmann, AOL Time Warner and RealNetworks, both are set to bow by the end of this year.

Fasttrack users

All three of the free services use a technology called Fasttrack, created by Kazaa’s parent company, Amsterdam-based Consumer Empowerment. Like Napster, Fasttrack has servers that act as hubs for the network, but most of the technological dirty work is done by a series of “SuperNodes,” or users with high-speed Internet connections that rout traffic.

Because the SuperNodes stand between the network and the company, Fasttrack and the services that use it may be better positioned than Napster was to fight litigation, said Lee Black, director of research at media analysis firm Webnoize.

“Where Napster got in trouble is it maintained directories, and was therefore aware of the content on its network,” Black said. “With Fasttrack, the SuperNodes are responsible for maintaining the addresses.”

According to Webnoize research, more than 1.5 billion files were transferred using the Fasttrack system in September, with a million users logged onto the network at any one time — up more than 70% from August.

Injunction against Napster

The Recording Industry Assn. of America last February obtained an injunction against Napster from District Court Judge Marilyn Hall Patel, who dismissed the netco’s arguments that it was unable to police its network for infringers and that Napster had enough non-infringing uses to justify its existence.

In subsequent months, traffic on the once-formidable network dwindled as the company worked to filter out infringing files, and the service eventually was taken down, ostensibly for upgrades to its database. Napster plans to launch a second-generation, subscription-based service later this year.

Another potential stumbling block for the latest suits is the difficulty of applying U.S. copyright law to Consumer Empowerment and Grokster Ltd., which operates out of the West Indies. Morpheus parent MusicCity is in Tennessee, however, and therefore may be easier to tackle.

More Digital

  • Colin Kroll Dead Vine Obit

    HQ Trivia and Vine Co-Founder Colin Kroll Dies at 35

    Colin Kroll, co-founder of the Vine video app and the HQ Trivia game, was found dead in his Manhattan apartment early Sunday of an apparent drug overdose, Variety has confirmed. He was 35. New York Police Department officers responded at 12:18 a.m. Sunday, Dec. 16, to a call by Kroll’s girlfriend, who was concerned about [...]

  • Nick Eh 30, StoneMountain64

    CAA Signs Gaming Influencers Nick Eh 30, StoneMountain64

    CAA has signed two popular live-streaming battle royale gamers — Nicholas Amyoony, better known as Nick Eh 30, and David Steinberg, aka StoneMountain64 — for representation. CAA said it will work to create opportunities for Nick Eh 30 (above left) and StoneMountain64 (above right) in all areas, including TV, motion pictures, touring, digital distribution and [...]

  • Amazon Adds NBA League Pass to

    Amazon Adds NBA League Pass Live-Streaming Games to Prime Video Channels

    Amazon is bringing pro hoops action to Prime Video Channels: The ecommerce giant now offers NBA League Pass as part of its lineup of 150-plus subscription options for Prime members in the U.S. It’s the first U.S. live-sports subscription service on Prime Video Channels. Prime members can subscribe to NBA League Pass via Prime Video [...]

  • Fifty Shades of Grey

    International Piracy Ring Stole Over 25,000 Movie and TV Digital Files, U.S. Feds Say

    A five-member international hacking crime ring stole more than 25,000 files for Hollywood movies and TV shows and illegally offered hundreds of them for sale online, according to U.S. law enforcement officials. A federal grand jury in L.A. on Wednesday (Dec. 12) indicted five men, identified as residing in the U.K., India, Dubai and Malaysia, [...]

  • Phil Schiller, Apple's senior vice president

    Apple to Update iPhones in China to Avoid Sales Ban

    Apple is pushing out a software update to iPhones in China to address a recent court order obtained by Qualcomm that banned the sale of certain iPhone models in the country. The update will allow the company to continue selling its phones in China, company representatives told Reuters Friday morning. The Fuzhou Intermediate People’s Court [...]

  • Kevin Reilly Variety Cover

    Kevin Reilly Named Content Chief for WarnerMedia Streaming Service

    Kevin Reilly — a veteran television exec who has led programming at NBC, FX, Fox, and most recently Turner Broadcasting — has been tapped to head content strategy for the still-nascent streaming service that WarnerMedia plans to launch next year. Reilly, who has led programming at Turner brands TNT and TBS since 2015, will serve [...]

More From Our Brands

Access exclusive content