Lime Wire LLC has created the LimeWire software because we
believe that the Gnutella Network is a powerful tool for everyone who uses the
Internet, allowing users around the world to make direct connections with each
other.We also believe that the power
of the Gnutella network must be used responsibly.
We know that the legal issues involving sharing of certain types
of files are still being resolved, and will ultimately be decided by a court of
law or an act of Congress.We expect
all users of the LimeWire software to comply with applicable laws, to respect
copyrights, and to promote the Gnutella Network in a responsible and
law-abiding manner.
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We have designed the LimeWire software with the goal that it
will used to build a community of users who will freely share their own ideas,
and not steal the protected works of others.
In fact, Lime Wire LLC has plans for the future of the Gnutella Network
which extend far beyond simple file-sharing; indeed, Lime Wire’s plans
and business models do not depend on the sharing of copyrighted content.
Please read the Terms of Use Agreement and
End User License Agreement carefully.
If you cannot comply with their terms, do not use the Lime Wire
services.
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There are numerous facts about the Gnutella Network and
about Lime Wire’s role in that network which severely limit Lime Wire’s ability
to police the Gnutella Network for instances of copyright infringement.
Below is a description of some of those
facts, as well as some suggestions for what copyright owners can do if they
encounter infringements of their copyrights on the Gnutella Network.
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First, Lime Wire maintains no central index of files
available on the network, and would not be able to maintain one even if it
wished to.Instead, each user on the
network maintains his own list of files that he has made available to the rest
of the network.When a search is
initiated, the search terms propagate throughout the network, and each user who
receives them checks those search terms against his own list of shared
files.Therefore, there is no central
file index from which Lime Wire could remove any allegedly infringing files,
and there is no other mechanism through which Lime Wire or any other entity
could “remove” or “block” a particular file from the network.
The Gnutella Network is a distributed
network, and does not have the centralized point of control that many other
systems (such as Napster) have.
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Second, Lime Wire has no control over the uploading or
downloading activities of LimeWire users or of other participants in the
Gnutella Network.When a user receives
a search result and attempts to download the matching file, he initiates a
direct HTTP connection with the user who sent the search result.
The file is sent directly from one user to
the other, and Lime Wire has no knowledge of or control over this
transaction.Lime Wire cannot revoke anyone’s
uploading or downloading privileges, for there is no mechanism through which
Lime Wire could enforce such an action.
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Third, LimeWire is only one of many Gnutella-compatible
applications currently being used to connect to the Gnutella Network.
In fact, a minority of Gnutella Network
participants uses the LimeWire software.
Therefore, even if Lime Wire were not available to the public, users
would still be able to use one of several different Gnutella-compatible
applications to connect to the Gnutella Network.
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If you are the owner of a copyright which you believe is
being infringed on the Gnutella Network, your best course of action is to
record the name of the file being shared, the IP address of the user sharing
the file, and the time at which the file is being shared.
You can use this information to perform a
reverse DNS lookup of the IP address of the offending user.
This will give you the name of the offending
user’s Internet Service Provider, whom you can contact to notify of the
violation.In addition, you should
contact your local law enforcement agency and seek their advice regarding what
legal recourse you may have.
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