Paramount, 20th Century Fox, Viacom, Disney, Comedy Partners and Warner Bros want the file-sharing service provider found liable before the studios’ lawsuit goes to trial. Hollywood first took Limewire and its founder Mark Gorton to court on February 1, and now the companies contend that their case against is so similar to one Limewire lost to the record labels in May 2010 that there is no need to continue litigation. “The dispositive legal issues in this case and Arista are identical,” the studios claim in a motion filed in New York federal court yesterday (read it here). In that case, the court found Limewire crossed the infringement line by emphasizing “all Limewire users share generously with one another.” The court in the labels case also noted that Limewire’s default settings made all files downloaded by users available for all other users to download as well.
“As the Supreme Court held…the liability of a defendant for inducement of copyright infringement does not hinge on inducement of specific copyrighted works or types of works. Rather, it is the distribution of the software with culpable intent that gives rise to liability,” the new motion says. The court will now consider the motion. Todd Cosenza of the firm Willkie Farr & Gallagher represents Limewire and Gorton. Gianni Servodidio, Steven Fabrizio and Joseph John McFadden of Jenner & Block are representing the studios.
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