CBS And CNET Sued For LimeWire Distribution

Alki David, the owner of FilmOn.com, has organized a coalition of music and movie artists claiming that CBS Interactive Inc., as well as CNET Networks, Inc., were the largest source for LimeWire and other peer-to-peer clients, which means that they are therefore responsible for the “mass-scale copyright violation” P2P clients are liable for.

FilmOn.com owner is now leading a coalition of artists in another class action lawsuit against CBS and CNET for massive copyright violation. The lawsuit was filed in LA federal court, claiming that CBS Interactive Inc. and CNET Networks, Inc. directly participate in massive copyright violation on peer-to-peer systems, committed through the now defunct LimeWire.

The lawsuit mentions that back in 2010 District Judge ruled that LimeWire had committed copyright violation, had been engaged in unfair competition, and even encouraged others to violate the law. In October 2010, the P2P application faced permanent injunction, as well as responsibility for billions of dollars in damages.

Alki David accused CBS Interactive and CNET of acting as the “major distributor” of LimeWire file-sharing client and of promoting other peer-to-peer systems in order to profit from massive copyright violation. The first allegations were made in December 2010, and then were followed by the announcement of the formation of a class action lawsuit in 2011. David admitted that he saw nothing illegal about file-sharing software, but did see illegal in distributing such applications in order to infringe on copyright. He also pointed at video clips featuring a number of CNET representatives (and “paid employees of CBS”) advocating the use of unauthorized DRM-circumvention software.

The lawsuit claims that CBS and CNET have been the largest source for such P2P clients as LimeWire and FrostWire, which makes them responsible for the infringement theses the clients are liable for. The plaintiffs complain that unauthorized file-sharing via LimeWire has led to huge damage to the entertainment community. Currently more and more creative content owners are reported to join the lawsuit in question, turning it into the most significant copyright violation case around that will make sure that such large corporations as CBS Interactive and CNET won’t profit from copyright infringement.

Sony Turned To Rootkits Again?

Sony’s problems with PlayStation 3 began when its root keys were discovered and published in the Internet. Today the company is making another effort to fight against jailbreakers – the rumors are that Sony is using the latest firmware update to upload rootkit on to the console in order to spy on users.

In fact, it seems like the troubles of 2005 are all over again. 6 years ago Sony tried to curb music piracy of its albums, encoding the CDs with the infamous SunnComm/MediaMaxx technology, which was highly questionable under law. Actually, the mentioned technology installed a rootkit on to users’ PCs, unable to be detected by any anti-virus and anti-spyware software. Once this was discovered in the technology, virus writers simply hid their malware in rootkits and anti-virus software had no power against it. In other words,

Sony’s protections schemes went too far, which led to litigation in many countries. Finally, by 2007, the lawsuits against the company were settled.

Now the situation is similar: after the root keys to Sony’s PS3 had been posted online by a user nicknamed GeoHot, it became clear that games not authorized by the company can now be played. The company required that the tools used to find the root keys be handed over, but the user said it makes no sense because the keys are now public.

Although it seemed like there’s little Sony can do about it, it was wrong. CNet suggested that the company has been distributing a new firmware update, which is reported to contain rootkit technology, again. It would spy on users’ consoles to make sure they are playing only authorized games. Meanwhile, the report of CNet mentions that Sony has yet to activate this code.

If it is really so, this could cause more legal problems for the company. First of all, the very idea that some piece of software could spy on gamers will raise several legal privacy concerns. So far it is doubtful that such technology would be legal in the United States. Meanwhile, Canada has even tougher privacy laws, which also decreases the chances of such scheme being legal. By the way, privacy concerns became a huge problem for the company in Canada 6 years ago.

Actually, it’s really quite striking that the company might even consider choose this way again. If Sony really decides to try this, it would have to go over privacy legislation in every country to ensure it isn’t breaking any laws, at the very least.