RIAA Wins Over iMesh in Court

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The RIAA chalks up another win today from a previous lawsuit with iMesh. iMesh has agreed to pay RIAA $4.1 million dollars for copyright infringement even though it's an Israeli software company. Just goes to show you the RIAA will get you no matter where you live.

In a court settlement with the Recording Industry Association of America (RIAA) and iMesh, the software company agreed to pay $4.1 million for copyright infringement. Previously US courts have ruled that the software companies are not liable for what consumers do with the software.

IMesh is an Israeli software company who created software for users to search and download music files. The software, which is similar to Kaaza has been downloaded more than 75 million times. Also as a part of the settlement, iMesh has agreed to change the software so that it can no longer be used to download music illegally.

News source: Soul Shine Magazine

Updates

According to the article at MSNBC, the new iPod will also contain the following features:

Longer battery life (50%) through more efficient method of power conservation.

Increased averaged play time, now at 12 hours.

Multiple On-The-Go playlist support

Ability to delete songs off the playlist

Users will now be given a choice to play their tunes at 25% slower or faster.

Lower price: $399 for 40GB, and $299 for 20GB. The 15 GB model has been discontinued.

Personally, I am hoping that some of these new features will be made available to existing users through firmware updates. I guess we will just have wait and see...

(3 replies) #1 callanish on 21 Jul 2004 - 17:44

This just tells me how close the U.S is with Israel when they would allow this to happen. Let the RIAA try that with another nation and they'd tell them to go screw themselves

#1.1 YaddaMe on 21 Jul 2004 - 21:01

Acutally it tells you nothing of the sort, since Israel has absolutely nothing to do with this (nor do the courts, since this was settled out of court), and was not involved in any way.

While iMesh is headquartered Israel, they do a vast amount of business in the US, are also incorporated in the US, and therefore, subject to US law for what it's worth.

Are you under acutally the impression that if you are from NationA & do business in NationB, that your business isn't subject to NationB's laws????

Last edited by 10547 on 22 Jul 2004 - 02:18

#1.2 Fally on 22 Jul 2004 - 12:56

I wonder why they settled. In past court cases, the software vendor won. That damn 'Induce Act' hasn't passed yet has it?

This was once a free country...

#1.3 YaddaMe on 22 Jul 2004 - 21:03

QUOTE

I wonder why they settled. In past court cases, the software vendor won.

As stated below, iMesh appears to be looking beyond just P2P & apparently has hopes of joining iTunes & everyone else in the legal distribution of music online.

Business-wise it appears to be the wise decision, even if it means paying out $4 mil.
Advertisements & bundled software can only take you so far compared to what a legal distribution deal could mean.

(1 reply) #2 Andre on 21 Jul 2004 - 17:51

Yet usenet, one of the main illegal sources, is still alive and kicking... oh wait, it's the source of money for the economy as well... that's quite a dilemma there, eh RIAA!?

#2.1 brew crew on 23 Jul 2004 - 00:41

usenet, what the f*uck are you smoking bro. Usenet is nothing but a kiddie porn hang out for pedos and undercover cops, with lots of viruses and trojans thrown in and with a whole lot of newbies

(8 replies) #3 georgi55 on 21 Jul 2004 - 17:54

Next time I over-speed and get caught, I will tell the cops to get off me
and sue the guy who designed the car to go faster than speed limit.

#3.1 Spamcan on 21 Jul 2004 - 18:00

Yeah.. You do that and 5 years from now all new cars will include sensors that stop you from speeding.

#3.2 Gary_Player on 21 Jul 2004 - 18:04

Thats the best idea I've heard all day

Why is Imesh responsible for what its users do with it?

#3.3 georgi55 on 21 Jul 2004 - 18:05

QUOTE (#3.1)

ALL cars in USA have that, it's just set at much higher speed.
(Try taking a Porsche bought in America to a German Autobahn, you'd feel you are driving Toyota Echo)

Actually 3 months ago I rented a moving truck from Penske and it had limit set at 70mph

It was only 35 miles move but would that had been across the country, it'd take you a day longer to arrive because of that limit.

#3.4 Arcticflare on 21 Jul 2004 - 18:30

This is a good point, though. Cars should be limited at around 80 or so. Still, that won't stop people from speeding in buisness and residential areas.

By the way... how are they gonna keep people from using iMesh to download illegal music? Cripple it so that it won't be able to transfer files with certain extensions (mp3, wma, etc)? People will probably just rename the extensions before adding the music to their share. Still, it would slow down the process a bit, for the computer handicaped. The smarter people will hardly be slowed.

This sets a legal precident though. So as a result, what popular p2p developers are they gonna go after next, eh?

#3.5 YaddaMe on 22 Jul 2004 - 02:19

This sets a legal precident though. So as a result, what popular p2p developers are they gonna go after next, eh?

How does an out of court settlement set a legal precident???

#3.6 GuidZilla on 22 Jul 2004 - 02:30

Govern cars at 80 mph.... k... that was a horrible idea.

#3.7 neufuse on 22 Jul 2004 - 11:23

give me a break... there are no speed limiters in US cars not like you are trying to say... as for a rental company if they put one in thats their choice and they are trying to protect their property.. but as for cars sold to the public a porsche will go as fast as it's ment to go in the US... I mean come on we sell Vipers here that go well over 180MPH stock... I don't know where you are pulling this BS out of

#3.8 sesh on 22 Jul 2004 - 22:16

all cars will have a speed or rev limiter, simply because without it it will completely screw the engine, most likely at the manufacturer's expense. On a well designed can like a Viper it can obviously be a lot higher that on something like a little Ford.

Here in Australia there is actually law that stipulates that all cars manufactured here my have a stock limit or between 190 - 220 km/h. But it can be turned of/up under a lot of curcumstances.

(1 reply) #4 Magallanes on 21 Jul 2004 - 18:27

Anyways Imesh sux!. bit..suprnova rulz!, also emule or like a last resource :irc.

#4.1 Fally on 22 Jul 2004 - 12:59

IRC is where torrent releasers get there stuff from genius.

(1 reply) #5 jp10558 on 21 Jul 2004 - 18:40

well, bittorrent is real easy to catch people using it for copyright infringement

#5.1 sesh on 22 Jul 2004 - 22:20

people keep saying that but has a bittorrent user been sued yet?

#6 glitch409 on 21 Jul 2004 - 19:01

i swear, i will bring that pic up every time i see the riaa in the news

(2 replies) #7 Savagearth on 21 Jul 2004 - 19:13

I can't understand why the court let the RIAA sue those company, I mean, they create the software, fine, but they can't control what the people do with it. It's like a bank company bringing a car manufacturer in court because people was using their car to steal their bank

that make no sense

#7.1 o83zero on 21 Jul 2004 - 19:35

How the hell do you steal a bank?

#7.2 YaddaMe on 22 Jul 2004 - 02:20

I can't understand why the court let the RIAA sue those company, I mean, they create the software, fine, but they can't control what the people do with it.

Anyone can sue anyone for whatever reason. Even though the courts have decided against the RIAA in similar cases, iMesh decided not to completely fight this one & basically pay off the RIAA in hopes to butter them up to legit distribution deals in the future.

(1 reply) #8 Alanollz on 21 Jul 2004 - 19:15

Hey, now people who's family members were killed by guns in some shooting (not a war or soemthing) can sue teh guns manufacturers because their guns kill people.

#8.1 darksoul on 21 Jul 2004 - 19:25

that has already happened, or atleast been attempted.

#9 sgr55 on 21 Jul 2004 - 20:13

hahahahaha.... As far as i'm concerned riaa can go stuff themselves...

Record lables deserve nothing. a Good artist deserves to be paid

Personally i think the artist should pay to have the music put on cd's and distributed rather than the record lables putting a price tag on which is 500% more than its worth! Say maybe £4 per album £6 TOPS! for double disc and that goes to the artist... then the artist pays the record lables for distrobution!

Well they wont be seeing my money anytime soon! and my collection isnt gonna be getting bigger anytime soon either.... not unless someone else buys me the music

#10 sgr55 on 21 Jul 2004 - 20:15

and you know what i dont care.... the record lables put me off music!

#11 nemo on 21 Jul 2004 - 20:38

the RIAA and MPAA can go f-ck themselves.... seriously.

maybe if they didn't charge outrageous prices for music and movies, people wouldn't download everything so much... charge decent prices, and people MIGHT actually buy something

#12 Xraizer4000 on 21 Jul 2004 - 21:19

RIAA has gone too far. They have got to be stopped.

(1 reply) #13 yert* on 21 Jul 2004 - 21:52

"Previously US courts have ruled that the software companies are not liable for what consumers do with the software."

So why did they give the RIAA 4.1 million dollars?

#13.1 YaddaMe on 22 Jul 2004 - 02:17

They didn't.

iMesh settled out of court in hopes to get on the RIAA''s good side & score distribution deals.

(1 reply) #14 bush on 21 Jul 2004 - 23:05

but why. i can't understand why they have to pay?

#14.1 YaddaMe on 22 Jul 2004 - 02:16

Because they agreed to! They didn't lose in court... they could have fought, but decided (for whatever reason) to settle & pay. In other words, they're now in bed with the RIAA... just look at their website's comments on the ordeal.

Other random quotes from various outlets:
"We're hoping this indicates a change in the mindset of the RIAA," Busher told p2pnet. "I hope they'll now be willing to work with p2p companies to find a way to suit users' needs and generate revenue for RIAA members and companies like ours."

"We have reached a first of its kind agreement to settle with the major record labels in order to enable us to now take iMesh, P2P and the world of digital music to new heights," says iMesh.

#15 Cyranthus on 22 Jul 2004 - 00:23

imesh sucked anyways...

#16 YaddaMe on 22 Jul 2004 - 02:29

For the record... The RIAA didn't score any legal victory here. iMesh settled, and agreed to pay the RIAA to end the lawsuit. So all this discussion about why the courts ruled against previous decisions, or how is a product responsible for it's users, etc... those are not applicable here... iMesh settled.

iMesh could have fought, and most likely won (based on previous rulings), however that would also mean that would not be getting any distribution deals in the near future.

If you take a look at iMesh's website, it almost appears that they are now in bed with the RIAA and paid them to end the lawsuit & hopefully obtain the next legal distribution deal. I sure wouldn't venture onto iMesh's networks right now... as it seems they are now on the same side.

Q: Am I still at risk of being sued for using iMesh prior to the new service launch?
A: We can't speak for the record companies. However, we respect copyrights and encourage our users to avoid conduct that violates copyright law.

Q: Will iMesh seek licenses from the record companies or individual artists?
A: A major part of iMesh's business has always been to obtain licenses from content owners. iMesh has for years offered licensed content to the iMesh community. iMesh will continue to work closely with the entertainment industry.

Q: Why did iMesh settle the lawsuit?
A: iMesh views this as a historic opportunity. We agreed to settle in order to ensure our ability to provide you with more content and better technology than any of our competitors. Under the New iMesh model, which will launch later this year, you will be able to find and share the content you want without fear of being sued.

Last edited by 10547 on 22 Jul 2004 - 02:36

#17 djesteban on 22 Jul 2004 - 02:46

old RIAA protecting their goods again!

NEED to protect that money, money,money,moneymoneymoney,money,money

HAGHHHH!!!! moneymoneymoneymoney!!!!
YAYRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
MONEYEYEYEYEYEYEYEYEYEY
Those old f0cks love money!!

senile **** heads I hope they die in pain from a cancer caused by money eating...freakin monkeys
no offence to people with cancer, or AIDS even! I really hope they get it! for real!

(1 reply) #18 georgi55 on 22 Jul 2004 - 04:09

QUOTE (#3.6)

If you had a loved one killed by an idiot driving at 110pmh on 70pmh zone and switching lanes every seconds, maybe you'd think different.

#18.1 nookadum on 22 Jul 2004 - 15:48

QUOTE (#1.0)

Then blame the idiot who was driving the car, not the car itself. There should be more warnings that promote safe driving in areas instead of limiting the vehicles themselves.

(1 reply) #19 Webgraph on 22 Jul 2004 - 14:10

Who cares about iMesh anyways? That was the worst P2P program I ever used (can't even get it to work right, LOL!). I'm just glad I'm in Canada, where such activity is legal for now!

#19.1 xpablo on 23 Jul 2004 - 22:33

Precisely IMesh was loaded with spyware anyways, I'm using KaZaA K++ or BT too LEGALLY download music.

Ocassionally I get the odd song from Puretracks.com, cause it's not a bad deal .99c canadian per song, compared to .99c US for other services, but I have my way of converting these "Licenced Songs" into .mp3 for my mp3 player.

The Deal here in Canada is that we pay a copyright tax on blank recording media such as CD-R's etc.. and when the CRIA tried too get more greedy and start suing the courts ruled that downloading music is legal, because of the way Canadian Copyright laws are written there is nothing mentioning P2P or the internet, cause these laws were written long before the net existed.

So for now the way it takes our politicians to even think of changing this law, before their personal projects & interests and of course filling their pockets with taxpayers money , they'll be out of office.
Besides @ moment these politicians are newly elected hanging by a thin thread and the only way too maintain job security is to keeps us voters happy, this is why they're gonna legalize pot before they even dare too think about P2P music swapping. Movies are a differnet matter and same if your recording albums and selling them then they'll arrest you.

#20 Verth-Neel on 23 Jul 2004 - 12:24

Israel is USA and USA is Israel.
Bin Laden knows, you're ruining our World!

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