Million

Late last night, the legal battles between LimeWire and the Recording Industry Association of America have reportedly ended. The P2P client will pay record labels $ 105 in damages stemming from illegal file sharing.

This out-of-court settlement with 13 different record labels comes just days after the trial got underway. The RIAA has been seeking to take LimeWire down since the mid 2000′s. They have always claimed that the LimeWire client, in allowing users to download digital music, has perpetrated “massive scale infringement.”

Last May Federal District Court Judge Kimba Wood found LimeWire and its CEO Mark Gorton guilty of copyright infringment. In the fall, the RIAA won and injunction against LimeWire that forced the sharing service to shut ‘er down. In December 2010, LimeWire went down for good.

The $ 105 million settlement that was reached last night is a far cry from the original damages claimed by the RIAA. In a mind-boggling claim, the RIAA said that damages caused by LimeWire could total $ 75 trillion. Let’s put that in long from, just to remember what that looks like:

$ 75,000,000,000,000.

Judge Kimba Wood scoffed at that outrageously comical figure, saying:

“If plaintiffs were able to pursue a statutory damage theory predicated on the number of direct infringers per work, defendants’ damages could reach into the trillions…As defendants note, plaintiffs are suggesting an award that is ‘more money than the entire music recording industry has made since Edison’s invention of the phonograph in 1877.’”

The figure was later dropped to just over $ 1 billion in damages. This settlement is obviously significantly lower than either of those figures.

From RIAA Chairman and CEO Mitch Bainwol:

We are pleased to have reached a large monetary settlement following the court’s finding that both LimeWire and its founder Mark Gorton personally liable for copyright infringement. As the court heard during the last two weeks, LimeWire wreaked enormous damage on the music community, helping contribute to thousands of lost jobs and fewer opportunities for aspiring artists.

The significant settlement underscores the Supreme Court’s unanimous ruling in the Grokster case — designing and operating services to profit from the theft of the world’s greatest music comes with a stiff price. The resolution of this case is another milestone in the continuing evolution of online music to a legitimate marketplace that appropriately rewards creators. This hard fought victory is reason for celebration by the entire music community, its fans and the legal services that play by the rules.

Mark Gorton said that he was “pleased that this case has concluded,” as quoted in The Guardian.

Last week, just as the LimeWire / RIAA trial was getting underway, CNET and parent company CBS were sued by “eccentric billionaire” Alki David for providing LimeWire and other P2P clients as downloads. The suit claims that in providing the software, CNET is complicit in illegal file sharing.

Although the service went offline in December of last year, I feel this signals actual closure to the saga. RIP, LimeWire.


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Helium is showing that life can go on for victims of Google’s Panda update. Helium is a user-generated content site, often compared to other known Panda victims like Demand Media, HubPages, Suite101, Associated Content, etc.

Of course, Demand Media (now a publicly traded company) posted better-than expected earnings, but Helium has managed to secure a new $ 10 million in financing. It would appear that a commitment to improved quality, an increased focus on local, and/or dialogue with Google has been enough to convince somebody that Helium is here to stay. VatorNews points to an SEC form that indicates as much.

“Helium has engaged in an on-going dialogue with Google for the last three years or more. Google understands the Helium business and content model and agrees that the Helium site publishes quality content,” Helium VP Architecture and Technology Tracy Flynn recently said.

The main way writers earn money from Helium comes from views, which are largely driven by search. Clearly, the site’s performance in Google results plays a key role here. However, there are other ways writers can make money from Helium. These include payments from Helium when third-parties purchase articles for use elsewhere, and one-time incentive payments through various programs run by the site, such as contests, up-front payments, customer sponsorships, etc.

Of course, like many other big victims of the Panda update, they’re doing numerous things to adjust their content strategy, to comply more with what Google is seeking out in terms of higher quality (and less shallow) content. Among other things, Helium is asking writers to submit their articles to Helium only, to avoid duplicate content issues, and to use social media to promote articles (which in turn, Google can see and apply it in its own rankings).

Over the months, Helium has been providing writers with various tips and guidelines on its blog. For example, a recent post entitled, “Why your article or blog posts just aren’t making the cut” lists:

1. You didn’t cite your resources
2. You didn’t proofread or use spell-check on your article
3. You don’t format the article to your advantage
4. You don’t include simple SEO techniques
5. You neglect to add it to your social networking realms like Twitter, Facebook and even your own blog.
6. You posted it in more place[s] than one.

Helium also pointed to some do’s and don’ts for writer bios, which is probably a good idea, as bios can be indicative of authority on a given subject. Keep in mind that one of the top questions Google is asking itself as it tweaks its algorithm is, “Is this article written by an expert or enthusiast who knows the topic well, or is it more shallow in nature?”

Helium has also made adjustments to its assignment system. “A highlight of the new system is the ability to tailor assignments by writing skills and expertise, as well as allowing all writers to pick up general assignments,” the company explains. “As we learn more about your strengths, we can provide more opportunities that are targeted for your favorite subjects and writing style.”

In April, Helium encouraged writers to get more involved with local-based writing, as the company has filled positions for local writers for city guide websites, a national real estate web site, a regional newspaper, and a neighborhood profiler for a “major daily newspaper” in LA. “Helium Content Source staffers are constantly on the lookout for writers for these types of assignments,” the company said.

Google has been placing a great deal more emphasis on local these days, no question. Local results seem to have even been helped by the Panda update.

Last week, Helium launched a new mobile version of its assignment system for Android and iPhone.


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The entertainment check-in app GetGlue just hit a major milestone.  Since its release on the iPhone in June 2010, the app has seen solid growth, now totaling over 1 million users.  GetGlue allows users to check-in to activities, the way that many apps let you check-in to locations.

Bam! @GetGlue is now 1 million users strong! http://blog.getglue.com/?p=6842 ( Pls RT ) 1 day ago via web · powered by @socialditto

The app allows users to share what they are currently watching, reading or playing with their friends over Facebook and Twitter.  The service recently added full foursquare integration to go along with new check-ins for sports, so that users can also broadcast the location of their activities.

GetGlue also announced they have reached another milestone, 100 million data points.  These data points refer to the system of rating and recommendations that is built into GetGlue.

“These data points represent connections between people and the entertainment they’ve consumed, revealing insights about tastes and dynamics of entertainment consumption. With this milestone GetGlue now joins established internet properties like IMDB, Fandango, TV Guide, Yahoo!, and Amazon as a significant source of entertainment tastes.”

To the people at GetGlue, these milestones must signal their arrival as a legitimate entity within the social entertainment sphere.  The big question, obviously, to a service that is growing, is where is the money going to come from?  In an interview with Forbes, CEO Alex Iskold had this to say:

We are currently experimenting with a number of different ways to monetize the service. We’ve done a few implementations with sponsored rewards, and increasingly see this as an interesting option.

However, longer term, we see the aggregate data set as the valuable asset. Already, from the 100M data points, we’re able to get rich insights into consumption patterns and behavior around entertainment.

Consider the current state of entertainment analytics: a tiny amount of sampled data impacts how 100’s of millions of dollars are spent by entertainment companies and brands. There’s a very real, very large opportunity here if you can provide meaningful insights at scale.

Some statistics about GetGlue :

  • Averaging over 1 check-in per second with 10 check-ins per second during primetime
  • Averaging 1 share per second to Facebook and Twitter
  • In primetime, up to 20% of tweets about shows are coming from GetGlue
  • For instance, 10% of tweets about the season finale of Californication came via GetGlue

Do you use GetGlue?  How often do you check-in to it or any other service that involves check-ins?  Yesterday, Goby CEO Mark Watkins wrote an article titled “2011: The Year the Check-in Died.” In it, he predicted the decline of check-in services that don’t offer much more than check-ins.  Is a service like GetGlue immune to that decline because of its recommendations, rankings, and the ability unlock stickers and such?  How about Foursquare or Google, who are both attempting to bring deals and rewards programs to people who check-in?

Let us know how you feel about check-ins, and check-out GetGlue’s infographic from their blog:


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