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Kazaa turns tables on record labels

Makers of song-swap service sue for copyright infringement


ASSOCIATED PRESS

LOS ANGELES, Sept. 24 — Turning the tables on record labels, makers of the most popular Internet song-swapping network are suing entertainment companies for copyright infringement.

SHARMAN NETWORKS LTD., the company behind the Kazaa file-sharing software, filed a federal lawsuit Monday accusing the entertainment companies of using unauthorized versions of its software in their efforts to root out users. Entertainment companies have offered bogus versions of copyright works and sent online messages to users.
Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network. The lawsuit also claims efforts to combat piracy on Kazaa violated terms for using the network.
Sharman’s lawsuit also revives its previous allegation that the entertainment companies violated antitrust laws by stopping Sharman and its partner from distributing authorized copies of music and movies through Kazaa.
U.S. District Judge Stephen V. Wilson rejected those claims in July but last week allowed Sharman to try again. Sharman is incorporated in the South Pacific island nation of Vanuatu with main offices in Sydney, Australia.

The Recording Industry Association of America called Sharman’s “newfound admiration for the importance of copyright law” ironic and “self-serving.”
Universal Music Group and Warner Music Group declined to comment on Sharman’s latest lawsuit.
Recording companies sued 261 music fans this month, claiming they were illegally distributing hundreds of digital song files apiece over the Internet. The industry trolled file-sharing networks such as Kazaa and downloaded song files from users’ computers.
Once the industry determined a downloaded song file was a copyright work, they issued subpoenas to Internet access providers to find out who was behind the account used to log onto the file-sharing network.


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tinfoil

I can't get over the irony here.

Sharman crying foul because of a very weak copyright violation. Ya. Can you feel the hyocracy?

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Thraeryn

Hmmm. Interesting. The main point in the lawsuit doesn't have anything to do with the files being traded, so there's a fair chance that it will win. I wonder if they've taken into account the fact that, since it was KaZaa Lite, the companies will be bound by THAT EULA. (I haven't read them VERY well, they could be exactly alike, but.)

Sapper

Good for them!!

The recording industry has been giving us the beef enema for so long now !!

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druptight

awesome, someone fight back at those fuckers....!!!

Cynthetiq

please do not just post a link and the copy of the link. this is GENERAL DISCUSSION, start the discussion or don't bother to post at all.

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tinfoil

I don't see any fair chance here. Example:

A company rips of the Mac OS, I mean totally rips it off, and gives it away. You download it and install it. Are you, the person who uses the program guilty of copyright infringement or are the people who ripped it off?

I don't like the RIAA, but they aren't the ones infringing on Sharman's property. The company that makes KazaaLite is.

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Mupwah

I hope the music industry loses big in court. Maybe Sharman will give the money to people who lost to the Riaa

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punx1325

I love all the fighting, I hope in the end, that the RIAA will not exist!

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World's King

[sarcasm]Yeah, this is gonna go over well.[/sarcasm]

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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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The_Dude

i agree.

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rider6061

This is truly ironic!!!!...Can't wait to see the outcomes of this stuff!

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Moreland

This is great news, somebody needs to stand up and kick em. So Ironic though as everyone says. This should be truely intresting.

Kaos

I can't wait to see how this plays out...hopefully not in RIAA's favour.

DownwardSpiral

I hope the music industry loses too, but I doubt Sharman is gonna give the money to people who lost to the RIAA.

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Nimbletoe

What I find ironic is that the RIAA is breaking the law to find people breaking the law, and people think thats ok. But it isnt ok to break the law to protest against unfair prices of CDs.

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Matrix2023

From what i gathered from the "Function as Supernode" option in Kazaa, there aren't any backbone servers that Kazaa is paying money to keep alive, so they can't sue you over connecting to 'their' network using a Kazaa clone when the network is the property of the hundreds of thousands of people who's computers make it up.

But if its a chance to finally sue the suers, then I'm all for it.

Stare At The Sun

Woot woot!!

Serves them right, hmm, i always thought LITE was safe, guess not...eep.

YourNeverThere

It is ironic that the RIAA was using the software, but its not hipocritical of KaZaa to sue them, I mean, if they had just left everything alone and been content with thier 6 figure plus incomes then none of this would of happened and many many people wouldn't have even heard of the RIAA. I mean, they are greedy greedy greedy people, anything to hurt them is a good thing.

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fuzzix

Hehe, I don't care if they're hypocrites I just like seeing the RIAA lose money, wee!

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crow_daw

There is definitely hypocrisy on both sides.

That said, get em Sharman!
I hope they come crashing down.
Hard.

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battlemouth

more power to them!!!

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H12

I've felt like the RIAA is right in their cause, even though I will despise them forever for it. However, they surely could have done it legally...yes, the tables have turned, and this has turned into a big battle of irony that'll be controversially settled in the courtroom for sure.

Go file-sharers!

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Glad-I-Ate-Her

This is playing out like a soap opera. I want to see what happens next.

Glad

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tinfoil

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.

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bundy

well said.
i think that would be a fitting way to handle this situation.
it would certainly cement a greater following for Kazaa... (i hestitate to say it, but great PR move there).

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CyN1caL

I so much when I saw this.

I hope they win too. That would be a much needed blow against the RIAA.

Sledge

This has been said, but unlikely - Sharman isn't our national hero anymore. The underdogs of early filesharing are no more.

They'll take the money and run. Or, lost and get countersued. Whatever.

nothingx

I think that's the point entirely. I don't think that Sharman is really after the RIAA for copyright infrigement. I think they're trying to make a point about frivolousness of all these lawsuits they've been filing lately. Practically out of nowhere the RIAA launched this legal assult on us... Sharman is just setting out to put them in their place.

GakFace

That, by far, is my favorite line. How do they find out? By accusing others what they are doing themselves. This is interesting.. now if CD's could just lower in their price, I might actually go out and buy some. i bought four recently.. Not gonna buy anymore for a long time.. 4 CD is EXPENSIVE...

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Hanxter

i'm waiting for the day when the courts tell them all to just shut up and go with the flow...

Ganguro

im on dialup now so i dont use any P2P software. Is downloading copyrighted songs, pirated versions of software, hacked and craked files, and media meant to be paid for still illegal?

a2k

Remember, the RIAA is going after people who are sharing files, not people who are downloading them. There's a crucial difference there.

Regardless, to use a cliche, I'm not sure that "to wrongs make a right" in this case. Even if the RIAA loses this case, I don't know that it will have much affect on the RIAA's cases. Any lawyers in the house? If evidence is obtained illegally but is still true, can it be used in court?

legolas

I just don't like what the RIAA is doing. I hope they get a little taste of it themselves...

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Esoteric

I hope the RIAA gets a taste of their own as well.

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Holo

Cops aren't allowed to steal a civilian's car for stakeouts if they think they're drug running.
To do this would be a violation of laws protecting the property right of the car's owner since he is innocent till proven guilty. The irony here isn't that Sharman is hypocritical, but that the MafRIAA want their cake and eat it too legally. They have no problem doiing anything legal or not to get their business done. Sharman cannot stop it's users from sharing copyrighted material. Napster users remember how that went over...the users just found new ways to use the P2P medium to get the files out anyway, whether it was pig latin renamers or patches that allowed zip files or the Wrapster program that cloaked warez with an mp3 header.

Sharman have a EULA that all who use the prog are supposed to follow, especially reputable public business orgs like the MafRIAA. They need to learn they aren't above the law either, and they need to do shit right if they want to be able to claim righteousness in their fights. I think the true hypocrisy is clear.

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Root_Beer_Man

Well said Holo, i like you thinking. The RIAA isnt above the law and they can't go around thinking they are. Good going for Sharman for fighting back.

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tangledweb

RIAA is trying to protect their products from losses from the file sharing community. It doesn't make them popular or correct in their assumption, but it is their right to do so.

P2P software is valid because it can (and is) used for more than just pirating software and music. Trying to shut down all P2P software because some people misuse it is like trying to sue Ford Motor Company for making the car that was used in a hit-and-run. It is ignorant and illogical. End users are responsible for their actions and RIAA still sucks.

bbbbbb555

like it even matters if they stop kazaa. there will just be a new program to get music and movies. napster was way before kazaa. they just need to make music cheaper so people will but it.