U.S. Court Finds Contributory and Vicarious Infringement by Madster

The U.S. District Court for Northern District of Illinois (Eastern Division) recently granted a motion by various record companies and music publishers for a preliminary injunction against the Aimster file sharing service (also known as "Madster"). In granting the motion, the Court held that the "Plaintiffs have unequivocally established that Aimster's users are engaged in direct copyright infringement" and moreover, that the Plaintiffs demonstrated a likelihood of success on the merits for both the contributory and vicarious infringement claims. In coming its decision, the Court noted that Aimster "is a service whose very raison d'être appears to be the facilitation of and contribution to copyright infringement on a massive scale.'" In response to the Court's decision, Hilary Rosen, the chairman and CEO of the Recording Industry Association of America (RIAA), stated that "[t]his unequivocal ruling today underscores that companies and individuals will not be permitted to build a business on music they do not own and will be held responsible for their actions." For a copy of the Court's decision, visit: http://www.riaa.com/pdf/AimsterPIOrder2002Sept4.pdf For a copy of the press release by RIAA, visit: http://www.riaa.com/PR_Story.cfm?id=554 To view the statement by Hilary Rosen, visit: http://www.riaa.com/News_Story.cfm?id=554