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The Court is aware that Plaintiffs can seek an award of statutory damages from StreamCast for infringements occurring through the Morpheus System and Software (ignoring for now the likely reality regarding StreamCast's ability to pay). According to Plaintiffs, Audible Magic has a database of approximately 6 million acoustical fingerprints of musical sound recordings. ¶ 8.) If the suspected file has that precise sequence (or spectrum) of sounds, the uploading or downloading of the song will be blocked. ¶ 3 ('Audible Magic's technology analyzes the shape of the spectrum represented by a digital audio file.').) This means that the filtering tool 'listens' to the sound recording, and creates a twenty-second 'fingerprint' that can then be compared against any other file that an end-user is attempting to upload or download. This technology analyzes the actual content of an audio file, as opposed to a written description of what is contained within it (e.g., 'metadata'). ¶ 22.)Īcoustical fingerprinting is licensed by various companies, including Audible Magic. ¶¶ 18, 20.) 'StreamCast urges users of non-filtering versions to upgrade to a filtering version each time a user uses a non-filtering version of Morpheus or Morpheus Ultra.' (Id. StreamCast also posts warnings on its websites and within the Morpheus System and Software that end-users should download the new filtering software they are also warned about their potential legal liability for engaging in illegal file sharing. Since years we again and again have to tell AV companies that our software neither is a backdoor nor contains any virus.What we need is to collectively sue those av corps for compensations,so that a false positive will be really expensive for the AV corps.Now, they just dont care as there is no negative consequence fir them. The setup is packed with upx for saving bandwith.

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