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Lime Wire founder Mark Gorton took the stand in U.S. federal court in New York today.(Credit:Greg Sandoval/CNET)
NEW YORK--Lawyers working for the four largest music labels tried to convey a message in court here today: Lime Wire founder Mark Gorton was so determined to help people pirate songs that he disregarded copyright law, artists' rights, and even the Supreme Court.
And eventually, Gorton conceded.
The best that he could offer for an excuse was that he misread the law."I was wrong," Gorton told the court. "I didn't think our behavior was inducing (copyright infringement). I understand that a court has found otherwise."
In numerous exchanges with Glenn Pomerantz, the labels' lead attorney, Gorton acknowledged knowing that LimeWire was being used to swap songs without paying for them by a "large percentage" of users. Despite being aware of the piracy, Gorton said he refused to shut down the service.
The copyright case brought in 2006 against Lime Wire and Gorton by the Recording Industry Association of America (RIAA), the record companies' trade group, is in the final stages. A year ago, U.S. District Judge Kimba Wood found Gorton liable for inducing mass copyright infringement. Last October, Wood ordered that Lime Wire's peer-to-peer service, LimeWire, which Gorton today acknowledged was used by millions of people to pirate perhaps billions of songs, be shut down.
It was the court that determined Gorton would pay but a jury is now tasked with deciding the amount, which can be anywhere between $7 million and $1.4 billion. Not only could a damages award mean a big payday for the labels, but it will also serve to make an example of Gorton.
With Gorton, 44, having already been found liable, the record labels are operating with a big advantage, sort of the courtroom equivalent of a penalty kick in soccer or free throws in basketball. There's no question of whether Gorton infringed the labels' copyrights. Lawyers for the record companies can now home in on just making it look like he acted with bad intentions. And in court today, Gorton's past comments and e-mails provided the labels with plenty of assistance.
Pomerantz showed a pie chart created by Lime Wire to show how Gorton and his managers classified users into four groups. "Hardcore pirates" were 25 percent. "Morally persuadable" users equaled another 25 percent. "Legally unaware" users were said to be 20 percent of LimeWire's users and those that "sampled" music were 30 percent.
Lime Wire's managers reported to Gorton that of these groups, the company could expect to convince only 20 percent to pay for music, Pomerantz told the jury.
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