Quote:
Originally posted by G_Whiz
I disagree with you from the point of view used by the RIAA. Their argument against Kazaa was not that Sharman used the software to violate copyrights, but that Sharman used it to encourage others to violate copyrights.
In this case, the claim is that RIAA knowingly used software that violated Sharman's copyright's for the sole purpose of accessing Sharman's servers. So, if you accept that it is a copyright violation to create and make available software that allows others to download copyrighted material, then it is likewise a violation to knowlingly use software that violates copyrights to break into someone else's server without their permission.
Frankly, I think it makes an interesting case. But then, I hang around too many lawyers.
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There are a couple of gotchas though. First, it has yet to be proven that Kazaa Lite violates Sharman's copyrights. Yes, I know I am being naive here, but it has to be proven in a court of law. Second, there is a reason that Kazaa and the underlying network hasn't been shutdown - Sharman doesn't own any servers for Kazaa Lite to connect to nor do they own the network which Kazaa or Kazaa Lite connects to.
But yes, if one knowingly uses software that violates copyright law, one may be held responsible. An interesting case indeed.