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Originally Posted by AngelicVampire
No, Kazaa is legally safe as it cannot control the content on its network, Napster was illegal as it indexed the stuff and kept a central file store. Kazaa users are being hit not Kazaa...
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Actually, Kazaa is pretty f***ed now. The court got access to a bunch of documents of the executives talking about how they technically *could* track and log downloads on the network, and indicated that they knew copyrighted content was being shared. It also talked about how employees hated installing Kazaa because of all the spyware, but that's another issue :-)
However, you're right about the principle - network providers who are not knowledgable cannot be held liable for content. I think this was tested in regards to the phone companies - they can't be held liable if you use the phone network to plan a murder or something, because they don't and can't control the network content.
Bingle