LimeWire is a program that uses peer-to-peer (P2P) file sharing technology, which permits users to share digital files via an Internet-based network known as Gnutella; most of these were MP3 files containing copyrighted audio recordings. An expert report presented during the trial found, in a random sample of files available on LimeWire, that 93% were protected by copyright. These files were distributed, published, and copied by LimeWire users without authorization from the copyright owners, potentially competing with the recording companies' own sale of the music.
The damages phase of the trial began on 2 May 2011.[31] LimeWire founder and CEO Mark Gorton admitted on the stand that he was aware of widespread copyright infringement by LimeWire users and that he chose not to make use of available filtering technology; and he said that until this trial, he believed that his company couldn't be held liable for inducing copyright infringement.[32] Citing a 2001 statement he made to investors about the risk of being sued, and a 2005 notice sent by the RIAA making him aware that the decision in MGM Studios, Inc. v. Grokster, Ltd. meant that LimeWire was liable, the plaintiffs contended that he didn't misread the law, but rather knew all along that he was violating it.[32] The RIAA further asserted that Gorton made efforts to hide LimeWire's profits in personal investments, in anticipation of a lawsuit.[32]
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The case resulted in a separate lawsuit from National Music Publishers Association (NMPA) in order for them to be included in any future settlement negotiations and damages.[53] This case ended with a settlement before the damages phase of the trial at hand.[citation needed]
The RIAA contends that LimeWire's software encourages illegal sharing of copyright-protected music. In May, Lime Group was found liable of copyright infringement; a trial to determine damages is expected in January.
Currently engaged in legal proceedings against file sharing service LimeWire, record labels including Arista, Capitol and Warner are gearing up to fight unlawful music sharing in court. Per the below chart unearthed from within recent trial briefs, these industry titans plan to argue that record album sales would have boomed had the infamous Internet file sharing solution Napster not entered the picture.
Samore said they would not be contesting the possession of child pornography at the pretrial hearing on Thursday, but said Chavez had no knowledge that his computer was uploading the images until Pea explained to him how file sharing worked.
Joining the ranks of federal district judges in Arizona and Massachusetts, District of Minnesota Chief Judge Michael Davis today concluded [44-page PDF] that simply making a music file available in a shared file does not violate copyright law, and ordered a new trial in Capitol Records v....
The FTC's case was first decided in 2015 by an administrative law judge (ALJ), who dismissed the complaint following an administrative trial, holding that FTC staff had not proven that LabMD's conduct caused, or was likely to cause, substantial consumer injury, and thus could not be declared "unfair" under Section 5.6 The decision was then appealed to the full commission, which vacated the ALJ's decision. In its opinion, the FTC held that the "substantial injury" requirement for unfairness under Section 5 was met because (1) the unauthorized disclosure of the 1718 File itself caused intangible privacy harm and (2) the unauthorized exposure of the 1718 File for more than 11 months on LimeWire created a high likelihood of a large harm to consumers.7 The FTC issued a final cease and desist order "requiring that LabMD notify affected individuals, establish a comprehensive information security program, and obtain assessments regarding its implementation of the program."8 LabMD then petitioned the Eleventh Circuit to review the FTC's decision and stay enforcement of the cease and desist order pending review, which the court granted in 2016.9
Offences under s. 151 [sexual interference] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).
3. On the trial of any offence against subsection two of this section, the trial judge may instruct the jury that if in their view the evidence does not show that the accused is wholly or chiefly to blame for the commission of said offence, they may find a verdict of acquittal.
Offences under s. 152 [invitation to sexual touching] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).
For all criminal or regulatory prosecutions, there is a discretionary general publication ban available on application of the Crown, victim or witness to prohibit the publishing of "any information that could identify the victim or witness" under s. 486.5(1) where it is "necessary" for the "proper administration of justice". Other available publication bans include prohibitions for publishing evidence or other information arising from a bail hearing (s. 517), preliminary inquiry (s. 539) or jury trial (s. 648). There is a mandatory publication ban in all youth prosecutions on information tending to identify young accused under s. 110 of the YCJA or young victims under s. 111 of the YCJA.
Offences under s. 160(1) [bestiality], (2) [compelling bestiality] and (3) [bestiality in presence of child] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury.
Offences under s. 162 [voyeurism] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury.
Offences under s. 162.1 [distribution of intimate images] are hybrid with a Crown election. If prosecuted by indictment, there is a Defence election of Court under s. 536(2) to trial by provincial court, superior court judge-alone or superior court judge-and-jury. 0852c4b9a8
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