Priority Records V. Brittany Chan
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Priority Records V. Brittany Chan
Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated. Rationale The trade groups also claim that widespread copyright infringement on the Internet hurts sales, in turn affecting the artists who depend on royalties. Various economic studies support these claims, but not always to the degree the trade groups report.Glenn, David. Dispute Over the Economics of File Sharing Intensifies, Chronicle.com, July 17, 2008. Other studies show mixed effects, and sometimes overall net social "welfare" benefits. Actions against Internet service ...
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Industry Trade Group
A trade association, also known as an industry trade group, business association, sector association or industry body, is an organization founded and funded by businesses that operate in a specific industry. An industry trade association participates in public relations activities such as advertising, education, publishing, lobbying, and political donations, but its focus is collaboration between companies. Associations may offer other services, such as producing conferences, holding networking or charitable events, or offering classes or educational materials. Many associations are non-profit organizations governed by bylaws and directed by officers who are also members. In countries with a social market economy, the role of trade associations is often taken by employers' organizations, which also take a role in social dialogue. Political influence One of the primary purposes of trade groups, particularly in the United States, is to attempt to influence public policy in a dire ...
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IiNet
iiNet Limited is an Australian internet service provider that sells NBN plans and services on its ULTRA Broadband Cable, FTTB and VDSL2 networks. It was acquired by TPG Telecom in July 2020. iiNet was acquired by TPG in September 2015 for $1.56 billion, but retained its retail brand name in the market. iiNet acquired or merged with many smaller ISPs, building a customer base in Western Australia and then, by acquiring ihug and OzEmail, expanded into the eastern states. History iiNet was founded in 1993 by Michael Malone and Michael O'Reilly, who started the business in a suburban garage in Perth as iiNet Technologies. It began as one of the first Australian ISPs to offer TCP/IP Internet access , as opposed to the store-and-forward techniques (such as MHSnet) that were then in use at other ISPs. It claims it was the first ISP to offer Point-to-Point Protocol, PPP access in Australia, and to be the first to base operations on the then new Linux operating system. The company ou ...
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Gnutella
Gnutella is a peer-to-peer network protocol. Founded in 2000, it was the first decentralized peer-to-peer network of its kind, leading to other, later networks adopting the model. In June 2005, Gnutella's population was 1.81 million computers increasing to over three million nodes by January 2006.On the Long-term Evolution of the Two-Tier Gnutella Overlay
Rasti, Stutzbach, Rejaie, 2006. See Figure 2a.
In late 2007, it was the most popular file-sharing network on the Internet with an estimated market share of more than 40%.


History

The first client (also called Gnutella) from which the network got its name was developed by Justin Frankel and Tom Pepper of Nullsoft in early 2000, soon after the company's acquisition by AOL. On March 14, the program was ...
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LimeWire
LimeWire was a free software, free peer-to-peer file sharing client for Microsoft Windows, Windows, MacOS, Linux and Solaris OS, Solaris. Created by Mark Gorton in 2000, it was most prominently a tool used for the download and distribution of Online piracy, pirated materials, particularly Music piracy, pirated music. In 2007, LimeWire was estimated to be installed on over one-third of all computers globally. Both a freeware, zero-cost version and a purchasable "enhanced" version called LimeWire Pro were available; however, LimeWire Pro could be acquired for free through the standard LimeWire software, where users distributed it without authorization. LimeWire uses the gnutella network as well as the BitTorrent (protocol), BitTorrent protocol. BitTorrent support is provided by libtorrent (Rasterbar), libtorrent. On October 26, 2010, U.S. federal court judge Kimba Wood issued an injunction ordering Lime Wire LLC to prevent "the searching, downloading, uploading, file trading and ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Grokster
Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster peer-to-peer file-sharing client in 2001 that used the FastTrack protocol. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Court's decision in '' MGM Studios, Inc. v. Grokster, Ltd.'' The court ruled against Grokster's peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations. The product was similar in look and feel to Kazaa, marketed by Sharman Networks, and Morpheus, which was distributed by StreamCast. Grokster, along with Morpheus and Kazaa, are considered second-generation peer-to-peer file sharing programs. Unlike their predecessor Napster, these file sharing programs allowed users to trade files directly between one another, without these transactions passing through a centralized server. Because Napster maintained this fraction of control over t ...
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Aimster
Madster (initially called Aimster) was a peer-to-peer file sharing service. It was released in Napster's wake in August 2000 shut down in December 2002 as a result of a lawsuit by the Recording Industry Association of America. Origin According to John Deep, a professor at Rensselaer Polytechnic Institute, the Madster software was originally inspired by his daughter's use of instant messaging software. His idea was to combine instant messaging with file sharing. John Deep's daughter Aimee had an interest in providing privacy to her online friends; instant messaging was lacking when it came to privacy protection. Features The Madster service was initially called Aimster, but it was later renamed to Madster due to concerns that the Aimster name infringed AOL's AIM (AOL Instant Messenger) trademark. The Madster software allowed users to share files via instant messaging services. In particular, users could share files specifically with users who were included on a " buddy list" with ...
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Roxio
Roxio is an American software company specializing in developing consumer digital media products. Its product line includes tools for setting up digital media projects, media conversion software and content distribution systems. The company formed as a spin-off of Adaptec's software division in 2001 and acquired MGI Software in 2002. Sonic Solutions acquired Roxio in 2003, going on to acquire Simple Star and CinemaNow in 2008. Rovi Corporation acquired Sonic Solutions in 2010, but Rovi announced in January 2012 that it would sell Roxio to Canadian software company Corel. That acquisition closed on February 7, 2012. Products * Roxio Creator * Roxio Toast Roxio Toast is an optical disc authoring and media conversion software application for Mac OS X. Its name is a play on the word ''burn'', a term used for the writing of information onto a disc through the use of a laser. Discs can be burned di ... * Easy VHS to DVD * Easy LP to MP3 * Popcorn * DVDitPro * PhotoShow * Recor ...
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Bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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Napster
Napster was a peer-to-peer file sharing application. It originally launched on June 1, 1999, with an emphasis on digital audio file distribution. Audio songs shared on the service were typically encoded in the MP3 format. It was founded by Shawn Fanning, Sean Parker, and Hugo Sáez Contreras. As the software became popular, the company ran into legal difficulties over copyright infringement. It ceased operations in 2001 after losing a wave of lawsuits and filed for bankruptcy in June 2002. Later, more decentralized projects followed Napster's P2P file-sharing example, such as Gnutella, Freenet, FastTrack, and Soulseek. Some services and software, like AudioGalaxy, LimeWire, Scour, Kazaa / Grokster, Madster, and eDonkey2000, were also brought down or changed due to copyright issues. Napster's assets were eventually acquired by Roxio, and it re-emerged as an online music store. Best Buy later purchased the service and merged it with its Rhapsody service on December 1, 2011, r ...
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Statutory Damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person's rights. The award might serve not only as compensation but also for deterrence, and it is more likely to succeed in serving a deterrence function when the potential defendants are relatively sophisticated parties. Other functions that can be served by statutory damages include reducing administrative costs and clarifying the consequences of violating the law. The amount of statutory dama ...
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