Source: newsobserver.com
The file-sharing service Madster and its founder could face $51,000 in fines for violating a court order barring the swapping of copyright songs.
U.S. District Judge Marvin Aspen in Chicago found Madster and Johnny Deep in contempt of court Friday. He scheduled a Jan. 23 hearing on the fines. Deep said he had no comment on the ruling.
On Oct. 30, Aspen issued a preliminary injunction against Madster after finding evidence the Albany-based service had violated copyright law. The injunction called for Madster to monitor its system and disable access to copyright works.
Recording companies suing Madster claimed the service was disregarding Aspen’s initial injunction, so on Dec. 2 a federal judge ordered the Albany-based service to immediately shut down. Download links on the Madster site have been unavailable since then.
The $51,000 in possible fines amounts to $1,500 for each of the 34 days between the two orders.
“John Deep was held in contempt for a very good reason. He refused to comply with the court’s order, arguing that it was not possible to prevent illegal downloading and uploading on his network,” said Matt Oppenheim, senior vice president of business and legal affairs at the Recording Industry Association of America.
“Only after the record companies filed a motion for contempt did Deep turn his system off – thereby proving his argument false.”
Deep said he didn’t know if the file-sharing service was still operating.
Madster changed its name from Aimster as part of a settlement with America Online, whose instant-messaging service is abbreviated AIM.
Lawsuits involving Madster and media companies were consolidated in Chicago, although that litigation was put on hold in March after bankruptcy filings were made by Deep and two companies involved in the service’s operations.
A bankruptcy judge in Albany lifted the stay for the limited purpose of allowing plaintiffs to seek the preliminary injunction motion.
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