The Recording Industry Association of America (RIAA), acting on
behalf of all major record labels and music publishers, has
complained to a Chicago court that Madster, the file-swapping
service, is disregarding the court's demands.
The RIAA took legal action against Madster, then called Aimster,
in 2001. The record industry alleges that Madster violated
copyright law by allowing users to exchange pirated material.
Madster, on the other hand, argues that it is protected by the US
Audio Home Recording Act of 1992, which gives consumers the right
to make copies of digital works for private use.
In October 2002, the US district court in Chicago issued an
order requiring Madster to immediately prevent its users from
uploading and downloading copyrighted works or to shut down its
operations until it can do so. Madster was also ordered to
implement anti-copying technological measures and keep the court
updated on its efforts to prevent infringement.
The RIAA claims that Madster, which is continuing to advertise
its subscription service, has done nothing to comply with the
order. In a motion filed on Wednesday, it asks the court to hold
Johnny Deep, its creator, in contempt of the court's order.
The RIAA also asks the court to appoint a compliance officer to
take the Madster system off-line, if necessary. The motion also
suggests that the court directly fine Johnny Deep his daily profits
($1,500 per day) with the money going to the court.
The RIAA's motion of contempt can be found at:
www.riaa.com/RIAA_Motion_of_Contempt_Aimster.pdf
