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The four top labels claim in court papers that Lime Wire, the company behind the LimeWire file-sharing service, has thumbed its nose at the court's orders to shut down the peer-to-peer network.
Lime Wire posted this note to its Web site the day a federal judge ordered the file-sharing service be shut down.
"Defendants have demonstrated in no uncertain terms that they either will not or cannot do what the injunction commands," wrote lawyers working for the Recording Industry Association of America.
The RIAA, the trade group for the major labels, asked the court yesterday in a 20-page document to appoint a "receiver" to ensure that Lime Wire complies with the injunction issued last month by U.S. District Court Judge Kimba Wood. After hearing evidence presented by the RIAA, as part of the group's federal copyright complaint filed in 2007, Wood ordered Lime Wire to disable "the searching, downloading, uploading, file trading...and/or all functionality" of the LimeWire software.
Lime Wire appeared to adhere to the court's orders a day after Wood issued her order and LimeWire was taken offline. But on November 9, TorrentFreak, a blog dedicated to reporting on file sharing, reported that "LimeWire is back as good as new. Not only has a secret [development] team reanimated the hugely popular client, but they have also made a few significant changes which make it better and more streamlined than before."
In the court documents the RIAA filed with the court, which were heavily redacted, the group claimed that someone launched the site Metapirate.com and started providing users with "several links to download the LimeWire Pirate Edition." The RIAA said site was created by someone "either formerly or presently a Lime Wire employee."
The RIAA has requested that Lime Wire assist with an investigation into the identity of the person calling himself or herself "Meta Pirate."
The trade group defended its request by saying that a receiver is appropriate even if it is found that Metapirate is not in any way connected to Lime Wire.
"The appointment of a receiver does not depend upon the defendant willfully violating the court's orders," the RIAA wrote. "A receiver may be appointed where defendants 'have demonstrated either their inability or unwillingness' to comply with the court's orders."
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Lime Wire posted this note to its Web site the day a federal judge ordered the file-sharing service be shut down."Defendants have demonstrated in no uncertain terms that they either will not or cannot do what the injunction commands," wrote lawyers working for the Recording Industry Association of America.
The RIAA, the trade group for the major labels, asked the court yesterday in a 20-page document to appoint a "receiver" to ensure that Lime Wire complies with the injunction issued last month by U.S. District Court Judge Kimba Wood. After hearing evidence presented by the RIAA, as part of the group's federal copyright complaint filed in 2007, Wood ordered Lime Wire to disable "the searching, downloading, uploading, file trading...and/or all functionality" of the LimeWire software.
Lime Wire appeared to adhere to the court's orders a day after Wood issued her order and LimeWire was taken offline. But on November 9, TorrentFreak, a blog dedicated to reporting on file sharing, reported that "LimeWire is back as good as new. Not only has a secret [development] team reanimated the hugely popular client, but they have also made a few significant changes which make it better and more streamlined than before."
In the court documents the RIAA filed with the court, which were heavily redacted, the group claimed that someone launched the site Metapirate.com and started providing users with "several links to download the LimeWire Pirate Edition." The RIAA said site was created by someone "either formerly or presently a Lime Wire employee."
The RIAA has requested that Lime Wire assist with an investigation into the identity of the person calling himself or herself "Meta Pirate."
The trade group defended its request by saying that a receiver is appropriate even if it is found that Metapirate is not in any way connected to Lime Wire.
"The appointment of a receiver does not depend upon the defendant willfully violating the court's orders," the RIAA wrote. "A receiver may be appointed where defendants 'have demonstrated either their inability or unwillingness' to comply with the court's orders."
More to come
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