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Indie Labels Lose Patience and Sue LimeWire For Millions

An organization which claims to protect the rights of Indie labels across 25 different countries is squeezing what is left of LimeWire for millions of dollars. Merlin BV, which represents more than 12,000 indie labels worldwide, is suing LimeWire and owner Mark Gorton after the company failed to pay compensation following its May 2011 out-of-court settlement with the RIAA.

In the middle of their May jury trial, the company behind the defunct LimeWire client and the RIAA settled their long-running copyright dispute out of court.

Limewire agreed to pay $105 million to compensate the major music labels for damages suffered but allegedly agreed to settle with some Indie labels too. To date the labels say they haven’t received a penny, a situation they intend to remedy through the courts.

The labels are being represented by Netherlands-based Merlin BV, an umbrella organization which protects the rights of its members in 25 countries, representing up to 30% of global music sales.

On July 13th, Merlin filed a “Breach of Contract” lawsuit at the New York Southern District Court against Lime Wire LLC, Lime Group LLC and company owner Mark Gorton.

According to the complaint, in 2008 Merlin agreed not to sue LimeWire, opting to let the RIAA case against the file-sharing service run its course instead. In return, LimeWire is said to have agreed that in the event it settled with the RIAA (it did, for $105m) then Merlin would get a comparable cash payment, adjusted to account for its smaller market share.

But no payment has been forthcoming and having run out of patience Merlin wants its share of the LimeWire spoils, a minimum of $5 million. Merlin is being represented by lawfirm Pryor Cashman.

Separately, last week Attorney General Douglas F. Gansler announced that his Consumer Protection Division had resolved an investigation into the LimeWire software following allegations that some of its users had inadvertently shared personal documents online.

LimeWire accepted responsibility and under the terms of its settlement posted a notice on its homepage warning users of the software that sensitive information may have leaked and that LimeWire should be uninstalled.

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  • http://twitter.com/p2jack P2p Jack

    God… you would have thought limewire would have been cleaned out already

    • http://profiles.google.com/zerianis10 Christopher Kidwell

      It probably has been. With the defense against the case, which should NOT have gone against them (they were trying to filter copyrighted stuff and had a warning that Limewire was not to be used to download copyrighted stuff) I doubt they have two cents left to their names.

    • TangWang

      $uing for million$ ?? I don’t think they should call them selves “indie”
      more like “greedie” or “needie”…

      • Ven

        What part of independent label means non-profit organization and not business to you?

        • Yolma

          business ? greedy fuckers, LimeWire is dead -_-

        • Tosser

          If Limewire has admitted wrongdoing and agreed to settle their debts, why should all the cash go to the major labels?

          Oh, right, because they Major labels see the Indies as a threat, have the funds to hire a bigger legal team and don’t want to miss a chance kick a largely fairer, less centralised business model in the bum.

    • storm

      I am sick of reading all this….somehow we need to get more people on one side.

      My site is small and growing..but we have a cool creative team and were are getting a lot better. Come steal our shit, we will be releasing to bittorrent soon too. No matter what happens we are one of the artists that want fans and not money…fuck the publishers. People should pay for what is deserving..and the amount they can afford..even if that is nothing. http://www.stormsfury.com (but remember we are in beta)

  • Simon

    Bloody hell. Talk about flogging a dead horse.

    • http://twitter.com/icanhazsake Ninja

      I’d question if these guys really represent said copyrights. I don’t trust copyright morons anymore. They often claim they represent what they do not even have legal connections. And it has been a long time since they are representing their own pockets only and they couldn’t care less about the artist. Copyright does NOT protect the artists.

      Limewire did wrong in capitalizing on file sharing to sell its software and for that they must pay. Settling with RIAA wasn’t what they deserved. However, the copywrong cartels should die along with Limewire and the artists should have the real protection.

    • http://twitter.com/icanhazsake Ninja

      I’d question if these guys really represent said copyrights. I don’t trust copyright morons anymore. They often claim they represent what they do not even have legal connections. And it has been a long time since they are representing their own pockets only and they couldn’t care less about the artist. Copyright does NOT protect the artists.

      Limewire did wrong in capitalizing on file sharing to sell its software and for that they must pay. Settling with RIAA wasn’t what they deserved. However, the copywrong cartels should die along with Limewire and the artists should have the real protection.

  • hikaricore

    “To date the labels say they haven’t received a penny”

    And we believe them why?

    • http://pulse.yahoo.com/_FCNK7C55CBUYFVSC5LNWKB322E Buglord

      we don’t, but “law-men” do because they have money.

      • Yarick

        I’m curious as to why the labels think they need the money when they constantly spew the dogma that they are doing it for the artists. Maybe this is more a declaration of their true intentions.

    • Anonymous

      I would not believe anyone in this.

      I doubt he had $105 million to pay the RIAA to begin with. They cant get more than what he has but they can make it look better. They can agree an official $105 million fine but only to pay what he can afford even if only $1000. The key is agreement to never make public that anything other than $105 million was paid.

      Hollywood accounting in action and this helps to explain why no artists saw any of this $105 million.

      So I am sure those in India will get no more than the RIAA did. They should consider if it is worth the court costs when maybe they will get even less back.

      • M8R-d00108
        • Anonymous

          Yes I spotted that mistake when I read this news again. Since I cant correct mistakes when on my phone I fixed it when next on my laptop where edit works.

      • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

        Oh, he has 105$ million…

        Thing is, the CEO is found personally liable for copyright inducement, thanks to Grokster.

        It was his house and I believe something else such as his hedge funds that are valued at that exact amount. Hence the settlement.

        But I bet you good money, the artists won’t see ONE penny of that money.

  • MerlinsHat

    “Merlin is being represented by lawfirm Pryor Cashman”

    Pry or Cash, Man? What a wonderful name for a lawfirm. At least their name represents what they do for a living.

    • Zzzz

      Stop trying to pry our cash, man!

  • An Unwashed Heathen

    :sigh: …And yet another damned moneygrabbing copywrong parasite pops out of the woodwork.

    No need to ask what the Indie artists would get from these bloodsuckers. They’ll get what the mainstream artists get from the MAFIAA: not a dime and screwed over more.

  • Thomas van Amerongen

    Should they not sue the RIAA for there money?

  • Randy Lahey

    Ever consider the possibility that maybe Limewire paid the RIAA some of what’s owed and the RIAA double-crossed the indie labels? Needs more details.

  • Anonymous

    Oh i can’t wait to til Alkie David and all the artist get back at cnet/download.com viacom warner bros etc…The riaa who owes the artist. But as far as these so called “indie labels”!!! I’m sensing they are little branches of the riaa/ifpi etc. All in the same family of bastards stealing from artist and saying they’re “protecting ” them. It’s funny how men can cry wolf but that pack of wolves are the hunters hunting the innocent.

  • Anon

    Major media rapes and pillages as it pleases with absolutely no respect to anything ‘independent’. The companies represented by the RIAA and MPAA care only about money, making it by whatever means possible, showing that they care nothing about the artist, nor the consumer.

    Destroy the industry, save the artists!

    • NeoToasty

      You can’t say they care about the consumer because they do, because WE used to pay those leeches money for shit music. What will really kill them is everyone just simply stop buying CDs, MP3s, and music in general. Then watch those bastards suffer just like they’re watching everyone they sue suffer.

      • Ven

        Legal settlements are still a huge source of income for them. The end truly comes when people stop buying AND pirating their wares.

    • NeoToasty

      You can’t say they care about the consumer because they do, because WE used to pay those leeches money for shit music. What will really kill them is everyone just simply stop buying CDs, MP3s, and music in general. Then watch those bastards suffer just like they’re watching everyone they sue suffer.

    • Ven

      It’s not their job to care. The artists all sign agreements, and they continue to do so, because it is better than being unsigned. The consumers still pirate or pay for their music, so obviously the music is still meeting the entertainment needs of the people.

      But we don’t live in a world where publicly traded companies have the luxury of being able to care about others.

      • Friend of the People

        Agreed. In the current world, the logical choice for the artist is still signing with a record company for the massive benefits they give, even though they knowingly give up freedom doing it. The goal for pirates should not be to destroy the current system. A more productive goal would be the creation of a new system that did not necessitiate that artists sign on with record companies to become largely successful. That system doesn’t exist today, so expecting artists to give up the benefits of record companies without gaining anything for it is unrealistic.

      • Guest123

        “The artists all sign agreements, and they continue to do so, because it is better than being unsigned.”

        You know, a bunch of people seem to miss this. They all seem to assume that artists just sign on blindly, without any knowledge of what kind of deal the record companies give them. Not really respectful of their intelligence if you ask me.

  • Pingback: P2PTalk » Indie Labels Lose Patience and Sue LimeWire For Millions

  • neotoasty

    DIE LIMEWIRE ALREADY!!!

  • Anonymous

    As if the RIAA give a shit about musicians … did a cent ever make it to the artists?

  • http://www.facebook.com/michael.branchfield Michael Branchfield

    From Merlin’s own website: 4/11/11 $3.6 million settlement from XM Satellite Radio over the Pioneer Inno recordable radio receiver and other similar recording devices. and each of it’s “news stories” tells anyone reading how they are basicly the second coming of Christ. NO WHERE in their stories is there a link refering to Limewire, but they do seem to like dead forms of media like myspace and grooveshark.
    http://www.merlinnetwork.org/news/

  • Quinn

    What’s the point of being indie labels now?

  • Pingback: Indie Labels Lose Patience and Sue LimeWire For Millions | Pixelbean

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  • Lord

    Where’s my money? I made a song last year. Not seen a dime.

    I didn’t really but they don’t know that. WHERE’S MY MONEY?!

  • Pingback: Las discográficas de la India pierden la paciencia con LimeWire | Bitelia | Nueva Tecnología

  • Pingback: Las discográficas de la India pierden la paciencia con LimeWire | La Isla Buscada

  • Themanwithnomail

    Is there a list of labels protected by Merlin Something ? I feel the need to use my right to boycott.

  • Pingback: anacrismerino: Indie Labels Lose Patience and Sue LimeWire For Millions

  • Cameron Walker

    What worse can they do? Ask for 17 trillion dollars?

  • Pingback: Las discográficas indie pierden la paciencia con LimeWire — Bitelia

  • Andy

    Indie labels against filesharing? What next, bees against honey?

  • Pingback: The indie groups are trying to get their cash from shuttered LimeWire

  • Pingback: The indie groups are trying to get their cash from shuttered LimeWire - OMG Records

  • Pingback: Indie Labels Lose Patience and Sue LimeWire For Millions | DigitFreak

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