Mark Gorton, founder of Lime Wire and the LimeWire filesharing software has been named as being personally liable in a recent decision of the New York Courts. U.S. District Judge Kimba Wood wrote in her decision that Gorton was liable for enticing users to commit copyright infringements. Apparently the LimeWire software made it particularly easy – and very obviously so – to download digital music. Other software enables the downloading of copyrighted software – think of the many versions of Ares , for example – but perhaps none have the brazen obviousness that is inherent in the LimeWire client.
The party who filed the case is the RIAA – the Recording Industry Artists of America – who are no strangers to large high profile court battles. They are, however, a stranger to winning any of their battles, and this decision might mark a change in direction by the courts. Apparently LimeWire’s long list of traditional defenses for the charge at hand were ignored. It is unclear whether this is one Judge’s personal opinion, or if this is generally indicative of a sweeping change of Philosophy.
One thing that is clear is that in targeting Gorton personally this decision is sure to make budding entrepreneurs think twice about developing any new technology that might infringe on the intellectual property of the entertainment sector. We will follow this story, so watch this space.