Lime Wire LLC (the company) has announced a deal with The Orchard, a large digital distributor for independent artists and small labels. The deal will effectively double the amount of music available in the LimeWire Store to more than 2 million tracks.
I wrote about the store when Lime Wire first announced it a year ago, thinking that it was a possible exit strategy in case the major labels won their lawsuit against Lime Wire and forced the shutdown of its Gnutella-based file-sharing client. But this announcement seems to show that Lime Wire is taking the store seriously as an alternate business.
Here's my question: if you're aware of LimeWire at all, aren't you already using it to grab free music? I suppose if you couldn't find a file for free, it might be convenient to use the same client to buy it, but doesn't that seem a little bit like...giving up? Any LimeWire users out there care to chime in?
If you've followed the RIAA's antipiracy efforts, perhaps you've wondered how they find suspected pirates. Yesterday, the The Chronicle for Higher Education published an article in which an RIAA spokesperson--anonymous for fear of hate mail--outlined the organization's surprisingly low-tech methods.
Do you use LimeWire? So does the RIAA.
The RIAA hires an organization called MediaSentry, which has developed an automated program that scans LimeWire for song titles that match titles of copyrighted material in an RIAA database, collects the IP addresses of the computers where these songs have been made available, then reports this information back to the RIAA. The article doesn't reveal how the RIAA picks among these IP addresses to decide where to focus but I'm guessing that volume of pirated material plays a large part.
If the RIAA sees a lot of piracy happening on a university's network, it might issue a takedown letter to the university asking it to remove copyrighted songs. In this case, MediaSentry will gather more specific information about the songs being offered, including checking them against a digital fingerprint to make sure they actually represent a real copyrighted song, or having real people listen to them if the digital fingerprints don't quite match. There's more detail in the piece.
Notably, the RIAA only checks to see which songs are being offered. It doesn't check--and it appears like it has no way to check--if anybody's downloading them. This is why the RIAA has to argue that making a file available is copyright infringement. And the so-called "making available" argument is very much in a legal gray area--some judges have allowed it to stand, but an Apr. 29 judgment in Atlantic v. Howell rejected that argument.
If "making available" is rejected once and for all, the RIAA will have to come up with some new methods to prove users are actually downloading pirated files. I'm not sure how they can do that, short of subpoenaing ISPs (an expensive legal tussle) or putting tracking software on users' PCs (a public relations nightmare waiting to happen).
Lime Wire is best known as the latest in a long chain of software that makes it easy to find and download music for free, replacing Napster, Grokster, eDonkey, Kazaa, and all the other applications and networks that shut down or cracked down on the sharing of copyrighted material.
Lime Wire LLP, the company that makes the Lime Wire software application, has also been sued by the Recording Industry Association of America (RIAA), but has so far refused to cave, saying that it only manufactures the software and has no control over how users choose to employ it. Moreover, it filed a countersuit in September 2006 on antitrust grounds, calling the RIAA an illegal cartel that conspires to destroy any distribution channel that the recording industry doesn't control.
(Credit:
Lime Wire)
A couple of days ago, the company announced that it would begin to offer approved downloads for sale from directly within the Lime Wire application. Unsurprisingly given their ongoing legal dispute with the RIAA, Lime Wire's distribution partners, IRIS and Nettwerk, represent small independent labels and artists rather than the majors. The files will be MP3s, and unprotected by DRM, meaning users won't ever face the problem that former Google Video downloaders now face. (DRM-protected files + cancelled service = the content you paid for can no longer be played.)
So does this mean that LimeWire is eventually going to follow Napster's path of trying to negotiate and build an industry-approved service? I would guess not--we all know how well that worked out for Napster. (The new Napster is merely the name, which Roxio bought for $5 million; Roxio changed its name to Napster when it sold off its other software busineses.) In fact, in a recent interview, anonymous LimeWire staffers told Slyck News that the company is improving its existing Lime Wire application, adding a technology that improves the ability to search for files on Gnutella (the P2P network on which LimeWire operates) and is adding support for the BitTorrent protocol, which supports swapping of much larger files (like video). For the time being, the business model will remain the same: offer a free version of the LimeWire application and hope to upsell consumers to a version with more features.
Still, this could be the beginning of an exit strategy in case the courts force Lime Wire to stop distributing its software in its current form.
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