ยท have been engaged in much more activity than merely distributing software as they claim. Rather, they were the genesis of and continue to be the sustainer of their networks.
Said Mark Litvack, MPAA Vice President and Director of Legal Affairs: "This is Cybernetic shoplifting. The Defendants have used the Internet to enrich themselves and deprive creators and copyright holders of their right to be compensated for their works, thereby perpetuating the false mentality that stealing is an acceptable form of behavior."
"The Defendants' business model is premised on legal theories that have been soundly rejected by both the Napster and Aimster courts." said Matt Oppenheim, Senior Vice President, Business and Legal Affairs. "This is a case about choice — creators should not be forced to give away the results of their effort for free. They should have the choice of whether to give it away or sell it."
"These services were designed with one overriding purpose — to exploit the value in copyrighted music for their own profit without compensating the creators," said Edward P. Murphy, President & CEO of the National Music Publishers' Association. "That is the reality — the defenses thrown up to disguise it cannot survive the cold light of day. We are confident that the court will protect the rights of the creators against such brazen predatory conduct."
Also included in the filing is the testimony of several expert witnesses, including Leonard Kleinrock, widely regarded as one of the original founders of the Internet. Kleinrock describes how the defendant's file sharing system works and how they could easily control and prevent the massive copyright infringement from occurring. The other side here.
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