Why hasn't Limewire been shut down?

This is a question I asked myself while writing this blog and while learning about copyright infringement. As a former user of LimeWire, I was curious as to whether I was legally downloading music or not.


Note: I no longer use LimeWire because a friend of mine was fined $3,000 by the Recording Institution of America for the usage of LimeWire. Because he was connecting via the Iowa State network and downloading an excessive amount of music, he was caught and flagged as a potential hazard and fined before he could commit copyright infringement. It is my belief that my friend was used to set an example for me and the rest of his friends. We saw the consequences for using LimeWire and most of us instantly took it off of our computers.

LimeWire is an alternative to Napster. According to an article on CNN.com, LimeWire uses a "Gnutella" network, which connects users directly to another computer and their files. There is no centralized server facilitating file sharing, which may be why LimeWire has seen less courtroom action than similar programs. For this reason, this may be why users are often fined for the usage of LimeWire, and why LimeWire is not the one being charged for vicarious or contributory copyright infringement.

Though not a lot of research exists online about whether LimeWire is legal, it seems to me that only those who use it in excess should be concerned about being prosecuted or fined.

The act of sharing copyrighted music is what makes Napster illegal. Napster was a peer-to-peer network and most of the downloading came from file sharing with other users of the program. For LimeWire, the program itself is completely legal. The sharing of music would also be considered illegal through LimeWire.

LimeWire, however, has been through many of the same legal issues that Napster has. In 2006, many record companies sued LimeWire, claiming that they were also guilty of contributory and vicarious infringement. The case has not yet been closed, but another peer-to-peer file sharing program Kazaa settled with the record companies for a whopping $115 million.

We will see in the future if LimeWire continues to exist online or if, like similar sites, will be shut down. In the mean time, my personal advice is to uninstall LimeWire from your computer. If you do continue to use LimeWire of any program like it, proceed with caution. The one being fined $3,000 could be you.

Sources:

"HowStuffWorks "Is LimeWire Legal?"" Howstuffworks "Communication" Web. 19 Apr. 2010. .

"CNN.com - Sci-Tech - Hungry for Music? A Look at Napster Alternatives - May 4, 2001." CNN.com - Breaking News, U.S., World, Weather, Entertainment & Video News. Web. 19 Apr. 2010. .