How Recording Industry Intends To Win Billions From Limewire

The labels are also preparing for the coming trial next month by introducing an argument for why they deserves statutory damages.

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Record labels have scored a victory in their litigation against Limewire by getting a New York federal judge to agree they are entitled to seek statutory damages on a per-song rather than a per-album basis. The labels are also preparing for the coming trial next month by introducing an argument for why they deserves statutory damages.

On Monday, Judge Kimba Wood made her latest ruling.

The plaintiffs have identified 9,715 sound recordings infringed on the LimeWire system. Damages could run as high as $150,000 per "work," but Judge Wood had to figure out what constitutes a "work."

LimeWire argued that where a record label made available a particular sound recording as part of an album, that record label should only be able to recover one statutory damage award for all the sound recordings contained on that album. Judge Wood disagreed, saying that individual tracks constitute "separate works," even if they are issued "together as a unit."

As a result of the ruling, the tab on LimeWire's damages could run as high as tens, or maybe even hundreds of billions of dollars.

But the record industry believes it deserves the high damages.

Read the entire article at HollywoodReporter.com.

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    Charlie4
    Limewire is sh*t so they're being made an example of. EVERYONE downloads illegally and yes mainstream music being made these days is robotic untalented garbage (with a few gems inbetween). As mentioned, we pirate regardless of how good it is or not - I do however try to buy the timeless albums - Dark side of the moon, Nevermind, Black etc. Everyone hates record companies it seems but that's just asinine to say the least. A band's music can be spread through the internet but the financial backing is needed in order to reach a wider audience.(promotions etc.) On the other hand I have to add: F*ck the record companies because they're not suffering from this, the musicians are. If I work my ass off on an album, tour 2 years straight (200+ gigs a year) I put everything in it, I deserve more than the small cut they give me. I MAKE them rich. Unfortunately the one needs the other. A complicated issue which won't be easily solved.
    busted_hater
    the_white_bunny wrote: better just shut down the interwebz. cd aren't worth shit any more. dling is the future and hard copys is the past.
    well more fool you! either you admitting you illegally download music or your one of the morons who pay out how ever many dollars$ or pounds downloading music via itunes etc rather than going to a shop and buying a CD for exactly the same price. If your going to buy something you may as well get a hard copy. You loose your laptop or have a corrupt hard drive say bye bye to all your music. As many others have said people need to forget about the record companies and think about the artists. Imagine you work your t*ts off havng something everyone want, but them not a single persons buying it. Without record companies 90% of the tabs you all look at on here wouldn't exist because there simple would be music. We need record companies so give it a rest.
    metalhead39
    File sharing is the best thing that could've happened to the music industry. It took the power away from the corporate monopolies that own the record companies and the radio stations and gave it back to the listeners and the artists. Now independent artists can distribute their music and message anywhere in the world absolutely free. Sean Parker and Shawn Fanning are heroes in this regard. The fact that they were able to drastically change the music industry forever when they were just teenagers is nothing short of amazing.
    metalhead39
    As many others have said people need to forget about the record companies and think about the artists. Imagine you work your t*ts off havng something everyone want, but them not a single persons buying it. Without record companies 90% of the tabs you all look at on here wouldn't exist because there simple would be music. We need record companies so give it a rest.
    Artists make the vast majority of their profits from shows, not album sales. If someone downloads their music for free and likes it, they'll show their friends, if they like it, they'll show their friends, etc etc. When the artist comes to town all those people will be more than willing to buy a ticket. Saying that without record companies there wouldn't be music is ridiculous. Record companies are nothing more than a middle-man. With the internet and file sharing, their role is nearly absolete and they know it, that's why their trying to squeeze every last dollar they can out of it to hold on to their power
    Diek321
    Stupid record labels, if they ever get Limewires money I can assure you itll the last bit of money that theyll ever see... This only encourages people to stop feeding the greedy bastards...
    mitch311
    I would like to see the major record company's fall into bankruptcy. Then we might finally see some innovation in popular music instead of them putting out the same manufactured thing over and over again
    DavidRayT
    axe_man wrote: greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed
    Charlie4
    Metalhead39 , I don't completely agree with you here. I know what you mean about profits and live performance BUT a lot of artists are forced to tour more because album sales alone aren't enough these days - unless you're Paul McCartney etc. Also, who do you think pays for the touring, especially if it's world wide? That's a lot of cash that bands don't often have, unless they're Giants like Rolling Stones, Bon Jovi etc. who would be able to do that. The reason Lady Gaga, Keisha etc. are doing so well is because of promotion (getting the music out there), finance backed by RC's, - NOT talent. I'm not for record companies but for the solution where the musician benefits, as this stage the one still needs the other.
    Andy1993
    The exact same thing happened when radio first came into the picture. Labels were complaining that people would stop buying records and just listen to it free on the radio. They need to get with the times and embrace P2P and online distribution rather than fight it. Also, artists don't make money from record sales unless they sell 40 or 50 thousand copies. The label takes their cut of the sale to pay back the advance they gave them when they signed the contract.
    -xCaMRocKx-
    This is ridiculous. Suing for hundreds of billions of dollars? No one has that much money. I'm so sick of the shit record companies are doing these days. They need to embrace change instead of trying to stop it. Who do they think they are to stop the internet? It's just stupid. For every site they take down, 5 more appear in its place. I seriously can't believe how ridiculously short sited the record industry is. Torrent sites and P2P networks are a potential goldmine for them!! Imagine if the industry teamed up with Demonoid. You can download whatever you want, and the industry collects their paycheck through ad-revenue. It's win-win: we get our music for free, the torrent sites go legitimate, and the industry gets their money. I'd sure as hell sit through some ads if it meant I could have whatever music I want legally and free.
    MegadethFan18
    Well I'm not going to leave a comment trying to sooth my soul because I am an illegal downloader, because I'm not I buy all my CDs.
    Seref
    I'd have more sympathy for the record companies if they didn't lie to our faces. I think illegal downloading is certainly questionable, but man sometimes I feel like the recording industry deserves it. "It hurts the artists!!!" No, it hurts the record company. Any musician will say all their money comes from royalties and concert sales--they see virtually nothing from records when signed with a label. We get lied to and they make the artists seem like the victims because they know that as music fans we will sympathize with the artists. I'd hate them less if they'd be straight and instead of lying to us they would just say that we're putting one more sound engineer out of the job. I'd find that a lot easier to relate to as well.
    nirvanarules888
    xCaMRocKx Great idea they do need to get with the times everyone has a site and advertises on them now.
    PirateMetalFan
    the_white_bunny wrote: better just shut down the interwebz. cd aren't worth shit any more. dling is the future and hard copys is the past.
    until your computer crashes then you'd wish you had the hard copy dude
    queenslander47
    goldenManticore wrote: Also, they can sue for millions or trillions of dollars but cant Limeware just declare Bankrupcy and avoid paying them?? This
    hahahaha seriously.
    foopeppers
    Beffyyy wrote: Rampancy wrote: They should really have just left Limewire be. It was a terrible system for downloading music, and while it remained the kiddies weren't going to get any good at pirating music. Now everyone's torrenting up to their eyeballs and the music industry have no-one to thank but their own stupid selves. This
    +1
    foopeppers
    cambo187 wrote: mavrick_d wrote: what the recording industry needs to learn: downloading leads to actual purchases if the music isn't crap. Ok, this way of thinking needs to be put to rest, and it can be quite easily. There was a study done when Radiohead released In Rainbows under the "pay as much as you want" system. I think we can all agree that Radiohead is one of the most well respected bands around today and they have pretty consistently put out good music (at least in most people's opinion). They also have an incredibly large international, loyal fanbase. I think it's fair to say that if there was a list of bands whose material was less likely to be pirated, Radiohead would be towards the top of that list. The study showed that 62 percent of people downloaded that album for $0. The remaining 38 percent paid an average of $6 for it. Here's a link to an article on the study: http://www.breitbart.com/article.php?id=... I understand that there are illegal downloaders out there that will buy albums once they have a listen and like the music, but the majority do not and never will. Most cds are streamed in full nowadays before they even come out, or at least a few tracks are usually made available on a band's web page. You're lying to yourself if you think you have to download an album in full for free to say you'd like to hear it before you buy it.
    true that, if people can avoid paying for something, they will
    axe_man
    greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed greed
    BOYERxBREAKDOWN
    I illegally downloaded the new HU album a few days before it came out. But guess what I bought it first day on iTunes. I just wanted to make sure it wasn't shit first.
    Tsunami3000
    lVlaniac wrote: mavrick_d wrote: what the recording industry needs to learn: downloading leads to actual purchases if the music isn't crap. Yeah, but what they sell is usually crap. It makes money. Also, they can sue for millions or trillions of dollars but cant Limeware just declare Bankrupcy and avoid paying them??
    i was just about to say that. but honestly, i say that the only was limewire pays that money is if the bands gt the money too
    DrumVillain
    FloydFan87 wrote: The dark side of capitalism. Simple as that. What about the "billions" they rip off from the consumer who goes out to a record store and buys their crap that they pass off as music? Can we sue them???
    Beautifully said, sir.
    5angelo5
    Think about this. So called useful sights like Itunes and Amazon allow you to download one song for 99 cents. You never have to buy a full album ever again. Well guess what that did to the industry? Instead of having no choice but to buy a full album between 10 to 18 dollars before Itunes and Amazon services were available, now people are only spending a buck for a song. Thats a loss of 9-17 dollars per album/cd. The complaint back in the day was "I paid 15 bucks for this album and I only like 2 or 3 songs on it, the rest kinda sucks." You felt ripped off. Now you spend a buck and you feel different. The record labels thought Itunes and Amazon were a good idea well it back fired on them. There was an article from Ultimate Guitar that showed how much revenue is lost to the record labels due to these services. So not only is illegal downloading hurting the industry so is legal downloading. They are being screwed both ways. The musician suffers the most and always has regardless of what we as consumers have or havent been doing. The musician only gets 11 cents per cd sale. Yeah you read that right. Only 11 cents. Boggles the mind. Look it up if you dont believe it. Musicians have to smarten up and bypass record labels all together. Screw the record labels, they have been scamming artists since the beginning. I dont know what the answer is but something needs to be done so that we as consumers and the artists benefit mutually.
    Brendan.Clace
    For those that don't know...the original demand in court from the record labels was 75 trillion....not billion.....
    A CATSHOVEL
    RikHead wrote: Sod LimeWire, I think Hollywood reporter should correct their grammer, I.E, but Judge Wood had to figure out what constitutes a "work." a should of been "as work" and LimeWire argued that where a record label made available a particular sound record Which should of been Were... CUNTS
    It's "should have been".
    Fleur de Lys
    This sounds good to me. They got what's coming to them. It IS stealing. And while I have downloaded in the past, I don't do it anymore. Why do you want to have music on your harddisc that you don't like in the first place? It's called YOUTUBE if you want to check a band out. When you have the downloaded album on you computer, it is much easier to just leave it there, and never buy the CD. The chances of everyone buying CD's only to support the band after downloading are slim. I think something has to be done with the old ways of the music business too. Artist makes too little from the CD's, companies too much. And those monthly paysites are NOT the way ahead. If you look into it, it is impossible to make money from your music in that way unless you are Lady Gaga and have millions of plays. I like the idea of a pshysical side of the music too. (CD, Vinyl etc.)
    Krauser
    Maybe if the music industry puts up anything for sale worth buying, I'll think about it... I support my artists by going to their shows and following them and spreading the word of their music... buying an album to support your band monetarily does as much as saying "oh I bought this lettuce so I'm supporting the family of the guy who picked it." No... you're not... you're supporting the corporation who pays that guy almost nothing to do it. If you want to support that guy, send him some money or help him out. Until then, the crap the music industry shoves down our throats... I'll be damned if I pay for it...
    nirvanarules888
    Its not stealing when you pay you internet bill why else would foo fighters stream all there stuff for free? You can get in trouble for downloading some stuff but never have I seen someone jailed for downloading a song. We don't control what is allowed to go on the internet "censorship" but we do pay for a service that allows us anything it provides. Internet providers and the government are to blame for these problems not the common "Man" that pays his bill every month.
    NightEmbers
    I simply hope for the demise of the Music Industry, its the devil in disguise and I hope that one day in the near future musicians will all be DIY and original as opposed to selling out (selling their soul) to the industry
    wingsofash
    I bet the recording artists wont see a single red cent of the money extracted from limewire because the record labels are GREEDY.
    SeattleSound
    Lapidus wrote: Phase 1: Destroying P2P Phase 2: ? Phase 3: Profit
    hahaha great comment!
    babinator99
    Lapidus wrote: Phase 1: Destroying P2P Phase 2: ? Phase 3: Profit
    Yes. Personally I like buying physical discs. But I also download. So I don't really care.
    ihavenoname93
    RikHead wrote: Sod LimeWire, I think Hollywood reporter should correct their grammer, I.E, but Judge Wood had to figure out what constitutes a "work." a should of been "as work" and LimeWire argued that where a record label made available a particular sound record Which should of been Were... CUNTS
    lol.. neither of those were grammatically incorrect until you changed them..
    The Uncreator wrote: the_white_bunny wrote: better just shut down the interwebz. cd aren't worth shit any more. dling is the future and hard copys is the past. Their will always be people who will pay for a hard copy because the quality is just plain better. The highest quality torrent, or even music from Amazon or iTunes doesn't stack up to the audio straight from disc. I'll always be buying the hard copy, close to 400 CD's and I don't intend to stop.
    *facepalm* theyre called .flac files, and you can torrent them. jesus f*cking christ guys, these comment sections are full of the most misinformed people ive seen in a while. OT: unless they start a large scale punishment of downloaders (which is pretty damn impractical) i dont think we'll see the end of music piracy any time soon. the RIAA is just chasing money here. limewire wasnt exactly current when they shut it down.
    pinata89
    alessandrobo wrote: 1. P2P will nerver end, every time they kill a p2p source a new one shows up. (limewire was pretty much useless anyway) 2. support your favorite band buying their CDs.
    This.
    pinata89
    mitch311 wrote: I would like to see the major record company's fall into bankruptcy. Then we might finally see some innovation in popular music instead of them putting out the same manufactured thing over and over again
    I think this very thing is going to occur a lot sooner than you think. And when it does, I'm certain we will all be extremely pleased with the end-result.
    cptcomet
    That number they've come up with is ridiculous. My bet is the case will fall apart and they won't get anything. Limewire is so dated it's a wonder you can even find music on there anymore. I don't really know anyone in their right mind who would want to use it. It seems the record companies are chasing things like this because they're fighting a losing battle with the torrent sites.
    cptcomet
    I don't get why the music industry is all about money like this. Music is supposed to be there to entertain people. Yeah I understand giving a musician money for their work, but paying corporate bosses all this money for doing **** all is ridiculous. I'm all for paying bands for hard work because they need to make a living. But I think it's stupid to hate on file sharing websites and programs because not everyone can afford to pay 10 for an album they might not even like. If music wasn't so much of a rip off nowadays there'd be a hell of a lot less pirating.
    Nugma
    Hi, I used to download lots of games. Then Steam made a fantastic digital distribution system that also worked a fantastic platform, I have been buying more games than ever. Hi, I download lots of music because I can't just buy it. Hi, Record Company. You're not getting as much of my money as you could, because I have no option to just buy music digitally right here and now. Hi, Record Company, there are more bands out there than even 10 years ago, and while pop music is still making millions, other types of music isn't, due to the increased number of bands. Stop shooting yourself in the ****ing foot and make me able to buy my music right here and now, because I sure as hell have money to spare.
    Anders88
    recording companies blow, they blow hard. what do they ever offer us, nothing new... CD technology hasn't changed one bit in like 20 years. the film industry makes me want to buy blu rays coz of their high definition multiple dimentions that u simply cant download. I don't know what they could do differently, maybe make cd's that don't f**ken scratch... One of the reasons I download albums of old cd's of mine, the other reason is to try out new music I may or may not like
    Henkdemachtige
    bulusvanua wrote: people who are saying "Make us good music, and we'll make good purchases." No you wouldn't. unless you have made a conscious decision to only download shit music. fact is even if the music is good the percentage of people who would go and buy the music out of a moral duty to pay it's worth is tiny compared to the amount of people who will avoid paying for anything if given the opportunity to avoid paying for it. To argue otherwise is either a lie or very naive
    Correct, they might made a mistake by inventing the internet then. Pure for downloading purposes then.