Ares P2P filesharing software

Filesharing legends LimeWire went a long way to redefine P2P filesharing. Reports suggest that over half the people in the US who partake in filesharing do so with the aid of the LimeWire client. It is this massive and overwhleming market share that has attracted the attentions of so many legal wrangles. Unfortunately it seems that LimeWire has become the iconic sacrificial lamb that the RIAA and its ilk have been looking for.

And now, on the back of the draining loss in the courts against the RIAA, Limewire is facing a challange from the lesser known NMPA. Bad times for LimeWire, and bad times for the owners. Bad times, in fact, for the whole of the filesharing industry.

There can be no doubt that the NMPA’s move is just a cheap attempt to kick LimeWire when it is down. Once this is done you can be sure that there will be yet another group waiting in the wings to pick up the slack and to move in once again.

Can LimeWire survive this battle, then the next one, then the next one… probably not. But they will find a quick way around it no doubt: like changing their name and moving to Span.

A Spanish court has likened the practice of filesharing to that of lending books. This comment was made as a long running case between cvcdgo.com – a site which linked to various torrents and filesharing resources on the web – and and combination of Columbia Tristar and Egeda, a media company. The case was first decided back in May 2009 when it was dismissed from a Madrid court. Columbia and Egeda decided to appeal, but that case too was thrown out earlier this week.

Not a good time for Columbia Tristar and Egeda, but a great sign for music fans that at least some courts and some judges are sensible enough to see pas the mega-rich corporations.

This decision is in stark contrast to filesharing-related decisions made in courts recently in the UK, US and Sweden. In all of these countries law makers are moving towards the removal of filesharing from society, and towards the protection of media conglomerates. The problem these three countries have will be in enforcing the laws across so many international jurisdictions. Having a problem in the US? Move to Spain (or just move your operations to Spain, nothing needs change other than that).

As always in the world of filesharing, there is no quick and simple solution to any perceived ‘problem’.

The “Three Strikes” law introduced into the UK legal may prevent most filesharers from enjoying the freedom to download copyrighted works with relative impunity. But will it stop the ‘problem’ of filesharing dead? Of course not. Filesharing has always been one step head of the law; this time will prove to be no different.

So how will this new rule work? Well, first the ISPs have to keep a list of all those naughty people who are accused of filesharing. Once a user is accused, he or she will receive a letter which firmly slaps their wrist and tells them not to do it. Obtain three such appearances on the list, and three such letters, and the user will be blacklisted. Once blacklisted the user’s identity can be applied for via court order by any copyright holder who feels his copyright has been infringed.

See some problems? So do I.

What about a broadband connection used by lots of people? Universities? Clubs? Internet Cafes? Are this institutions expected to give up their users when the courts come a-knocking? Legally there’s no responsibility to do that.

They don’t appear to have thought this through properly…