February 2003

Record Labels, Music Publishing, Internet

In a major victory in the fight against the unauthorised uploading and downloading of music and other copyrighted works, a U.S. District Court Judge granted an all-encompassing preliminary injunction against the file swapping site Aimster (Madster).
The Court’s decision follows its ruling on September 4th granting the record companies’ request for a preliminary injunction. In that prior ruling, the Court described the Aimster system as “a service whose very raison d’etre appears to be the facilitation of and contribution to copyright infringement on a massive scale.” After issuing that opinion, the Court asked for proposals from the parties for the language of the Injunction. The record companies and music publishers submitted a proposal that the Defendants opposed; however, the Defendants did not submit their own proposal, arguing that it was impossible to filter out infringing recordings. The Court adopted the record companies’ and music publishers’ proposed Injunction in full, outlining the roadmap by which Aimster must act immediately to halt the massive copyright infringement it facilitates.
U.S. District Court Judge Marvin Aspen of the Northern District of Illinois ordered that Aimster implement filtering technologies now available so that it does not directly, indirectly, contributorily, or vicariously infringe copyrighted works over its network. Among other points, the Court Order sets forth the following:
– Aimster must immediately prevent its users from uploading and downloading copyrighted works or it must shut down its operations until it can do so
– Aimster must employ technological measures to prevent copyright infringement
– Aimster must keep the Court updated on its efforts to prevent infringement
See the RIAA press release onĀ

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