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In re Aimster Copyright Litigation
''In re Aimster Copyright Litigation'', 334 F.3d 643 (7th Cir. 2003), was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate, because the copyright owners were likely to prevail on their claims of contributory infringement and the fact that the services was capable of having non-infringing user was not enough reason to reverse the district court's decision. The appellate court also noted that defendant could have limited the quantity of the infringements if he had eliminated an encryption system feature and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C.S. § 512(i).〔17 U.S.C.S. § 512(i) http://www.law.cornell.edu/uscode/text/17/512〕 and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
==Background==
Recording industry owners of copyrights in musical performances brought contributory and vicarious infringement action, a type of secondary liability, against a website operator called Aimster (renamed and currently called ''Madster''), a company such as Napster which facilitated the swapping of digital copies of songs over the internet.〔ENotes Website at http://www.enotes.com/topic/In_re_Aimster_Copyright_Litigation〕
Owners of copyrighted popular music claimed that John Deep ("Deep")'s ''Aimster'' Internet service is a contributory and vicarious infringer of these copyrights. The United States District Court for the Northern District of Illinois, 252 F.Supp.2d 634,〔In re Aimster Copyright Litigation, (252. F Supp. 2d 634 ), (7th Cir. 2004)〕 Marvin E. Aspen, Jr., granted preliminary injunction for plaintiffs, which shutdowns Defendant's service until the suit has been resolved, Aimster appeals from this preliminary injunction to the Court of Appeals for the Seventh Circuit.〔
The defendants argued that, unlike Napster, they designed their technology in such a way that they had no way of monitoring the content of swapped files.〔Text of the opinion at Leagel.com at http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=2003977334F3d643_1912.xml&docbase=CsLwAr2-1986-2006&SizeDisp=7〕 Someone who wants to use Aimster's basic service for the first time to swap files has to download Aimster's software and then has to register on the system. After doing this he may designate any other registered user called a ''buddy'', withwhom he may communicate directly whenever both of them are online, and having the capability of interchanging music files. If the user does not designate any buddies, then all the users of the system become automatically his buddies to share files.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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