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The Internet The Almighty Buck Your Rights Online

Kazaa Fights Back 390

Cracula writes "CNET is reporting that tonight Kazaa filed a lawsuit against the major record labels and Hollywood studios, asserting that they are attempting to stifle a legitimate and potentially profit-cutting business model. Sharman Networks (owner of Kazaa) says that their model is fundmentally different than Napster because their major goal is to make money off their companion program Altnet that delivers authorized, paid content. While this may sound like a shot in the dark, last year a federal judge actually ruled that the record labels' current efforts to provide online access to their music may run afoul of anti-trust laws. Kazaa may actually have a hope."
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Kazaa Fights Back

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  • Music? (Score:4, Funny)

    by forming ( 413168 ) on Tuesday January 28, 2003 @01:58AM (#5172491) Homepage
    I thought Kazaa was just for p0rn?
    • Re:Music? (Score:5, Funny)

      by fruity1983 ( 561851 ) on Tuesday January 28, 2003 @04:33AM (#5172978)
      Well, this one time I downloaded a porn and it had some pretty sweet rock in the background.
      • Re:Music? (Score:5, Funny)

        by Timmeh ( 555676 ) on Tuesday January 28, 2003 @11:08AM (#5174312)
        You guys laugh about this, but seriously it happened. I'm a fairly big Beatles fan, but although owning a great deal of their CDs, I had never ventured into their individual solo careers looking for music.

        Until I saw a porno where this guy "picked up" this chick in a grocery store, with John Lennon's 'Imagine' playing in the background.

        'Hey, he made some good music after the Beeatles didn't he?' Since then I've downloaded several Lennon solo songs (I recommend "Look At Me" "Hold On" "Cold Turkey" "Nobody Loves You (When You're Down and Out)"), and have since purchased his _Plastic Ono Band_ album, _Walls and Brigdes_, and tommorrow I'm probably going to down to the record shop to get _Imagine_.

        So no joke, I seriously got into John Lennon through watching a porno movie I downloaded off of Kazaa. I love the internet...

  • Kazaa? (Score:5, Funny)

    by Anonymous Coward on Tuesday January 28, 2003 @02:00AM (#5172499)
    KHAAAAAAAAAAAAN!.....yelled the angry MPAA while Kazaa laughed and said, "From hell's heart, I stab at thee".

    (er, "KAZAAAAA" I meant...)
  • Huh? (Score:5, Funny)

    by Black Parrot ( 19622 ) on Tuesday January 28, 2003 @02:00AM (#5172500)


    > Kazaa may actually have a hope.

    How's that? Did someone actually find some good music to steal?

    • Re:Huh? (Score:3, Interesting)

      by JCholewa ( 34629 )
      > How's that? Did someone actually find some good music to steal?

      There are people who use Kazaa without ever downloading mp3 files. I don't download music, but Kazaa is useful to me, and I hope it becomes an important stepping stone towards easy distribution of free (whether beer or coffee or whatever kind of free you care about) software in the future.

      My life will be so much better when I can download those operating system ISO images without having to wrestle an ftp server into the ground.

      -JC

      PS: I do admit that I may have helped my sister download mp3 files in the past. But her unhealthy addiction, much like someone's addiction to an illegal drug, must be weaned out of her gradually; I'm certainly not going to call the police on her, as that would obviously ruin her life without causing benefit to anyone.
  • Illegal (Score:4, Interesting)

    by altaic ( 559466 ) on Tuesday January 28, 2003 @02:01AM (#5172501)
    I always thought sabotaging a company's network was illegal. But what, a week ago, there was an artical on /. about a company devoted only to doing that. I'm glad Kazaa is standing up for itself, even though I hate them for their spyware.
  • by Anonymous Coward on Tuesday January 28, 2003 @02:01AM (#5172503)
    ....part of me wishes he'd win everything he's going for just to really screw the music industry in a way they could not imagine (that is, lose the right to enforce any of their copyrights). Yes, I'm aware this will cause quite a bit of chaos, but still, I can't help feeling that they almost deserve a swift kick in the balls like this.
  • by webdevcoder ( 626832 ) on Tuesday January 28, 2003 @02:04AM (#5172520)
    Isn't kazaa not supposed to be responsible for the content, but only for the software which was "intended" to distribute legal paid content?
    • by Anonymous Coward on Tuesday January 28, 2003 @03:01AM (#5172736)
      Right, as with all other filesharing networks. This poses a serious question (one that will be answered in the courts): if a product clearly states its intended use yet a consumer abuses it anyway, who should be held liable? The consumer, or the one who created the product? If we liken this to the "guns don't kill people; people do" argument, then obviously the answer is "the consumer". Also, since there are laws which you break when you kill someone with a gun, you are actually prosecuted for it (assuming they find you), but the gun manufacturer or the gun shop that sold it does not.

      However, with Kazaa there are way too many users to prosecute that way, so I don't think I'd liken Kazaa to the gun argument. Instead, I think Kazaa is more similar to state-owned roads. The intended use of the roads is clearly stated (er, well usually at least :) yet drivers frequently violate the rules by making illegal U-turns, speeding, tailgating, etc. Obviously the local police force can't go after every single person who breaks the law, since they'd spread themselves too thin enforcing something is relatively trivial compared to more important issues (like saving people's lives), so they catch whoever they can when they can.

      Because of this, I believe a similar approach ought to be taken with Kazaa and other filesharing networks. There's no way in hell the media warlords will be able to catch everyone, nor will they be able to put down filesharing completely (we've seen this hydra-like behavior happen before -- shut down one network, several others appear in its place). Their best bet would be to allow these networks to continue exist, and use the resources they would otherwise spend on shutting them down on 'policing' the networks like traffic cops.
      • No, they aren't like state owned roads because government property has clear standards and expectations of use and safety, along with a bunch of other things.

        It's more like a great big mall. What Kazaa argues is that they designed their mall so that transactions could take place and nothing more, then added legitimate businesses into their mall when they were told that it had become a haven of thieves. Their suit is based on the thought that they now have millions of potential customers in their mall and even when they point that fact out to the big music industry sorts they get dismissed as the mall that has thieves in it.

        I think it's probably true that the music idustry has been less than forthcoming in any talks that might lead to releasing copyright licences for any use other than what they control with their dirty, money-grubbing fists. I think it's also true that you'd have to be an imbecile not to realize and take into account that Kazaa profits from illegal filesharing.

        The question is, if a cartel of music industry companies refuses outright to let a potential retail store sell it's product in favor of their own retail stores is that anti-trust? It might be if you can successfully argue that there is no business model that could succeed in music retail without access to those catalogs. They're squashing competition by maintaining a stranglehold on the copyrights, just like Disney might be preventing new Disney's by buying their copyright extensions.

        Kazaa's case would be easier if they were in a physical sense a mall, since there is no safety issue I fail to see how a mall should be liable for the actions of it's customers no matter how much it profits from those customers. In a real mall the retailers don't try and arrest the mall when customers shoplift. Even if the mall had no security it wouldn't be about arresting the mall for failure to provide a lawful environment. Maybe they should try to condemn Kazaa...

  • Perhaps they should go the porn route and freedom of speech or art approach.
    If they went the porn route they could possibly get the help of the porn industry which according to Diane Sawyer is a $10 bill / year industry.
    Saying they make their money from pop ups and spyware is kinda hokey and just makes people more irritated with them.
  • Money question (Score:5, Interesting)

    by josh crawley ( 537561 ) on Tuesday January 28, 2003 @02:05AM (#5172525)
    Where's Kazaa getting all this money to throw around lawsuits? And dont tell me that Ad's fully support clusters of multi-homed high speed machines...
    • by Anonymous Coward on Tuesday January 28, 2003 @02:14AM (#5172568)
      Horny housewife sluts paid for my college education. Don't you tell me ads don't pay off!
    • Re:Money question (Score:5, Insightful)

      by NightHwk1 ( 172799 ) <.ten.ksalfytpme. .ta. .noj.> on Tuesday January 28, 2003 @02:17AM (#5172583) Homepage
      Kazaa does sell -a lot- of ads, plus they don't require the same server power as Napster did. Also, companies will pay more for spyware than a simple banner ad.

      If Napster made money, Kazaa is making much more.
      • Re:Money question (Score:3, Insightful)

        by Rudeboy777 ( 214749 )
        Keep in mind, they are selling to a lot of skinflint music stealers - not exactly big money-spenders. I wonder if advertisers consider that?

        But the "companies" that sell black market satellite dishes would target their demographic nicely!
    • Re:Money question (Score:5, Informative)

      by wilgamesh ( 308197 ) on Tuesday January 28, 2003 @02:24AM (#5172616) Homepage
      Yeah, I wouldn't have believed this myself, but according to a recent wired article on Kazaa, they are making money from ad revenue. I quote the article here.

      "In the last six months alone, PC users have downloaded more than 90 million copies. Kazaa has 60 million users around the world and 22 million in the US - an irresistible audience to marketers. Last year, Sharman raked in millions from US advertisers like Netflix and DirecTV, without spending a penny on content. The chase could have gone on forever."
      -Wired
      http://www.wired.com/wired/archive/11.02/kazaa.htm l?pg=1&topic=&topic_set=

      The article also mentions their side-business model of teaming up with Altnet, by providing access to Altnet products (paid downloads, supposedly). They, I believe, will use the side-business model to argue that the existence of the company depends on a valid, legal method of generating revenue.

      Of course, according to the article only 600 files are offered from Altnet. I think this makes Sharman's countersuit quite flimsy- the bulk of their revenue is derived from ads that sit piggy-back on top illegal activity. I don't think they'll be able to show convincingly that they actually have a viable business model with respect to Altnet.

      Then again, if Altnet and Sharman can spit out a convincingly story of RIAA MPAA etc etc conspiracy to monopolize and deprive, the judges might listen.
      • Re:Money question (Score:5, Interesting)

        by Alsee ( 515537 ) on Tuesday January 28, 2003 @05:17AM (#5173062) Homepage
        I don't think they'll be able to show convincingly that they actually have a viable business model

        Hmm, where have I seen the phrase "viable business model" before?

        Oh yeah, it was the Microsoft anti-trust settlement.

        Can someone please explain to me since when does the "viability" of a bussiness model have ANYTHING to do with legal/illegal or your rights?

        Someone can have a bussiness model of planting quarters and hoping to harvest dollars when they grow into trees. He has a right to go on planting quarters until he runs out of quarters and goes broke.

        Courts can consider the legality of planting quarters, but they have no place considering whether a bussiness model is viable.

        -
        • Re:Money question (Score:5, Insightful)

          by Bedouin X ( 254404 ) on Tuesday January 28, 2003 @09:48AM (#5173739) Homepage
          It has everything to do with legality in the case of Anti-Trust.

          The monopoly has to prove that they are engaging in a practice for reasons other than undermining potential competition. Generally, this can include selling things at a loss, locking out distribution channels (like the **AA is being accused of here) or any other practice that normally wouldn't make sense unless you had a monopoly-type advantage and were trying to keep competition at a minimal level.
  • by cioxx ( 456323 ) on Tuesday January 28, 2003 @02:05AM (#5172529) Homepage
    This is not a college-project-turned-into-corporation deal, like Napster was. **AA can go fuck itself for all Sharman cares.

    I mean, look her [wired.com] in the eyes. Does she look like someone who would lie down and take from multinational media pimps?

    I'm not a Kazaa user, but I'm with them all the way. If the opportunity cost of getting our freedoms taken away is few more sales of Billboard top 40 albums, then I'm all for piracy.

    • I mean, look her in the eyes. Does she look like someone who would lie down and take from multinational media pimps?


      Dude, she'd take DVDA from "multinational media pimps" if they paid her enough.

      Sorry to break it to you, but capitalism basically breakes down to whoring yourself to the highest bidder for whomever can offer the mad bling-bling, "principles" be damned!
  • Either way... (Score:5, Interesting)

    by Kirby-meister ( 574952 ) on Tuesday January 28, 2003 @02:07AM (#5172539)
    ...nobody wins.

    If Kazaa wins, the record industry will probably just get more primed for industry-standard DRM.

    If the record industry wins, another 5 Kazaa's will pop up.

    • Re:Either way... (Score:5, Insightful)

      by Lord_Slepnir ( 585350 ) on Tuesday January 28, 2003 @03:07AM (#5172748) Journal
      industry standard-DRM will NEVER take hold unless it's forced by law, and then non-DRM countries will make a killing smuggling in non-DRM hardware.

      If there is no law passed, only pressure from the industry, that won't work. The people who do implement it will lose their business to those who don't implement it. And remember, the Tech industry dwarfs the music industry. Will Sony risk its $40 billion electronics division to help out it's 'slice of $20 billion' music division?

      if they do try to get legislation, the tech industry will fight back. It will be like the Jananese attacking pearl harbor all over again. A small defiant attack will bring hell upon them.

  • My feeling (Score:4, Interesting)

    by batobin ( 10158 ) on Tuesday January 28, 2003 @02:08AM (#5172541) Homepage

    It seems to me that this argument basically admits what the music industry is getting at: that Kazaa enables and almost condones the illegal music trade. I'm speaking straightly from a legal perspective. I know better than to try to get into the philosophical debate. :)

    But just take a look at the issue. Let's say an auto parts store opens its doors. One department is legit. It buys new parts and sells them to customers. The second department is a kind of swap meet where enthusiasts may come and trade their wares. Some of the enthusiasts in this second department trade stolen car parts.

    So some organization sues the auto parts store. Maybe they're an organization of car owners that are sick of their bumpers and headlights getting stolen by car punks. They bring a case to the courts and say, "We're sick of this auto store making an environment conducive to stealing."

    Kazaa, and the auto parts store, reply that their major goal is to make money off their legitimate department. They reply that their business model is being impaired by such an atrocious lawsuit.

    Is this fair? I'm not sure. I'm not a lawyer. Something seems fishy about it to me though...

    • Re:My feeling (Score:5, Insightful)

      by cioxx ( 456323 ) on Tuesday January 28, 2003 @02:15AM (#5172570) Homepage
      That's a good theory, but unfortunately it doesn't work in the world of intellectual property.

      There is a huge difference between stealing tangible goods like car parts, and stealing a program executable.

      I'm not trying to start a 50+ reply chain where users would debate the morality of downloading a program vs. stealing a candy bar. Just pointing out how the model is flawed when comparing 2 different consumer goods.
    • Re:My feeling (Score:4, Insightful)

      by VoidEngineer ( 633446 ) on Tuesday January 28, 2003 @03:00AM (#5172732)
      It seems to me that this argument basically admits what the music industry is getting at: that Kazaa enables and almost condones the illegal music trade. I'm speaking straightly from a legal perspective.

      You are also speaking from a United States legal perspective. From a non-US perspective, what gives the US the right to dictate world-wide commercial and legal jurisdiction? I know that a lot of people believe that might-makes-right (considering the fact that we can nuke anybody we don't like)... but I'm not sure that I believe nukes justify the superiority of US legal code over UN legal code or another country's legal code. But, I'm not a laywer either... Something seems fishy about the US practice of global-superpower-throws-weight-around-all-the-tim e-to-obtain-more-commercial-power to me...
    • Re:My feeling (Score:3, Insightful)

      by phriedom ( 561200 )
      I'd like to offer a bit of a tweak to your analogy, if you don't mind.

      Instead of:"Kazaa, and the auto parts store, reply that their major goal is to make money off their legitimate department. They reply that their business model is being impaired by such an atrocious lawsuit."

      How about: "Kazaa, and the auto parts store, reply that they are only sponsoring the swap meet to generate foot traffic for their legitimate business. Their goal is to grow the legitimate business and stop sponsoring the swap meet, and they would have succeeded already if the auto makers' {who have a monopoly on auto-parts in our example) would make them a fair deal on wholesaling. But the Monopolists only want parts sold through their own channels."

      According to Kazaa, the RIAA members should not be allowed to enforce their government-granted copyright/monopoly until they stop abusing their monopoly by extending it to distribution channels. I don't think the judge will buy it, and I don't think Kazaa was trying to convince the judge so much as mounting a PR campaign. But what do I know.
  • by jonman_d ( 465049 ) <nemilar&optonline,net> on Tuesday January 28, 2003 @02:09AM (#5172549) Homepage Journal
    Kazaa will never win for a simple fact: the RIAA/MPAA will spend any amount of money they have to on this case, and there's no chance that Kazaa can even come close to matching the legal spending of these two giants. The *AAs can't allow Kazaa to win this, because they've always painted P2P as a technology that soley revolves around illegal fileswapping.

    Lets face it - 9 out of 10 times in America, it's not who's right and who's wrong, it's who's got more money to spend on lawyers.
    • Can't they just say people in the US are not permitted to download or use their software, and by that claim that US infringers are not lawfully their customers, and so evade prosecution alltogether?
      • by Elwood P Dowd ( 16933 ) <judgmentalist@gmail.com> on Tuesday January 28, 2003 @03:06AM (#5172743) Journal
        Can't they just say people in the US are not permitted to download or use their software, and by that claim that US infringers are not lawfully their customers, and so evade prosecution alltogether?

        But then there goes their availability on download.com, and there goes their visibility to US users, and eventually their installed base won't seem so attractive to advertisers. They might remain viable that way, but they'd certainly be less profitable. Also, iirc, they already tried to argue that they didn't do substantial business in the US, so they shouldn't be held accountable to US law. I haven't looked into the specifics, but apparently that hasn't kept them safe.
        • But then there goes their availability on download.com, and there goes their visibility to US users, and eventually their installed base won't seem so attractive to advertisers.

          Things like Kazaa get passed around by word of mouth. I doubt losing their listing on download.com is going to make any difference. Becoming legally untouchable in the USA, homeland of the *AA will do a hell of a lot of difference to their circulation.

          Also, iirc, they already tried to argue that they didn't do substantial business in the US, so they shouldn't be held accountable to US law.

          Yes, this was on Slashdot at the time. It's a crazy idea, holding you accountable to the entire worlds laws. How would you feel if a country like China was to pursue you legally for saying Mao was misguided? It's on their law books, and Chinese people on the net could read your comment.

  • I don't know (Score:3, Interesting)

    by Auckerman ( 223266 ) on Tuesday January 28, 2003 @02:09AM (#5172551)
    This is fine as long as Kazaa tracks songs on a per download basis (which means a far more napster like server), otherwise all revenue will go to major labels, which from talking to the people I know is NOT what most downloads are. Once people become used to a model of getting music via the internet and think of as no different from going to the store to buy a CD, they will no longer think of actually going out and buying CDs. Thus potentially turning what is helping smaller bands into their own death sentence.

    Not to mention, I highly doubt any money from downloads will actually go to artists (much like ASCAP).
  • by droopus ( 33472 ) on Tuesday January 28, 2003 @02:11AM (#5172558)
    Years ago, many warned Hilary Rosen that killing off Napster ( a company that WANTED to do business with them) would lead to the Hydra-effect: an emergence of multiple, more difficult to control services that would fill the Napster void. This was, of course, exactly what happened.

    With the announcement of even greater antifilesharing efforts by the labels and the brick and mortar [yahoo.com] dealers trying to get into the digital game, one must wonder when the music industry will finally realize that the days of sellling copies of Intellectual Property are fast fading, and that directing resources and effort into palatable alternatives (hardware please, that streams any record ever recorded to my stereo rack) is the only alternative?

    If they succeed in killing Kazaa, a thousand more services will pop up in its place. iCommune [icommune.net] is already connecting iTunes users via P2P.

    Legal control over culture has never worked before, what makes the RIAA and labels think it will work this time?
  • by Pollux ( 102520 ) <speter@[ ]ata.net.eg ['ted' in gap]> on Tuesday January 28, 2003 @02:21AM (#5172596) Journal
    In a lawsuit filed late Monday in federal court in Los Angeles, Sharman claims that major entertainment companies have colluded to drive potential online rivals out of business.

    Please. No legal leg to stand on. You want the legal protection of being considered a "business entity" under United States Law, you need to have no blood on your hands. Anotherwards, your business can't be illegal. You will not be awarded jack shit in court if you can't prove that your business is legal.

    So, question: Is Kazaa (as a business) legal?

    The conduct should preclude the industry from being able to defend its copyrights in court, at least until the behavior is corrected, Sharman contends.

    Again: this is makes no sense whatsoever. Anyone who owns a copyright is entitled under copyright law to legally defend that copyright, music (monopoly) / industry included...especially if the distributor doesn't legally have permission (from the copyright owner) to distribute the music...permission would include ownership of the distributed media or rights granted by the owner to distribute the copyrighted material. Neither case exists for Kazaa.

    "What the industry is incapable of doing is realizing that Kazaa is different," said Sharman attorney Rod Dorman. "Now (they) have got to face the legal consequences."

    Different in what way? That you've established yourself in at least six different countries?

    Kazaa made two crucial mistake:

    1) Establishing itself (at least in part...even a part as small as an office building) as a business in the United States.

    2) Suing the recording industry. I mean, a corporation can get sued and move all its operatios to Morocco to protect its dubious legality and continue operations. You sue in the United States, you're a legal target in the United States, plain and simple.

    The facts in this case are the same as in Napster / AudioGalaxy / et. al.:

    1) Your software is being used to distribute music without the permission of the copyright owner (doesn't matter if 1% or 99% of it is legal, at least not to the RIAA).

    2) You admit that your software is being used to distribute such music.

    So, let's take bids now on the remaining lifetime of Kazaa. I say: 9 months.

    • by commodoresloat ( 172735 ) on Tuesday January 28, 2003 @02:50AM (#5172701)
      Please. No legal leg to stand on. You want the legal protection of being considered a "business entity" under United States Law, you need to have no blood on your hands.

      Unless you're an oil company.

    • by Dr_Marvin_Monroe ( 550052 ) on Tuesday January 28, 2003 @02:53AM (#5172712)
      Not exactly right...if it is determined that the RIAA has colluded and attempted to illegally control the distribution end of digital music (termed 'overreaching' in the article), their copyrights are not valid. Therefore, Kazaa is conducting "legal business" in files which have no copyright!

      Also consider that previous attempts were made to secure authorization "in good faith" by others who were later sued into the ground....the RIAA has really set themselves up for this....read this month's wired too...their collusion to control this distribution is well known.

      The best possible defense is a strong offense, and if the people at Sharman have even ONE smoking gun from the RIAA, they're toast.

      The US Senate has already looked into this collusion angle too, it's well known...all they gotta do is prove that they "were not allowed to conduct lawfull business" by the RIAA and it's over.

      This could potentially be the biggest damage to the RIAA of all....think what would happen if they lost copyright on their entire catalogs?....

      This is VERY much down with the Khan quote above "from hell's heart I stab at thee".....go Kazaa
    • by praksys ( 246544 ) on Tuesday January 28, 2003 @03:22AM (#5172779)
      Again: this is makes no sense whatsoever. Anyone who owns a copyright is entitled under copyright law to legally defend that copyright, music (monopoly) / industry included...especially if the distributor doesn't legally have permission (from the copyright owner) to distribute the music...permission would include ownership of the distributed media or rights granted by the owner to distribute the copyrighted material. Neither case exists for Kazaa.

      This does make sense in fact. You are not allowed to use intellectual property rights to protect a monopoly (other than the monopoly expressly granted by the ip-right obviously). So for example, IBM was not allowed to use its BIOS copyrights to defend a monoply on PC hardware. Courts can infact void intellectual property rights which are misused in this way.

      It sounds like Kazaa is arguing that copyright owners are in fact a monopoly (presumably Kazaa is arguing that the Music industry is trying to maintain a monopoly in the online retail market), and that they are using their ip to defend this monopoly (that is they are suing anyone who tries to compete in the online retail market for copyright infringement), which would in fact be illegal.

      An interesting feature of this strategy is that it may force any copyright infringement cases to be put on hold until after the anti-trust case is resolved - which may well take 10 years or more (the IBM case it was not reolved until long after it had ceased to matter).
    • by Kragg ( 300602 ) on Tuesday January 28, 2003 @03:27AM (#5172794) Journal
      Anotherwards, your business can't be illegal.

      Mate, I don't know how old you are, but for your entire life to date, you've been mishearing people when they say 'in other words'.
    • by DarkZero ( 516460 ) on Tuesday January 28, 2003 @04:25AM (#5172969)
      1) Establishing itself (at least in part...even a part as small as an office building) as a business in the United States.

      Actually, AFAIK, Kazaa does not have and has not had any part of its business in the United States. A judge in the RIAA vs. Kazaa suit ruled, however, that because Kazaa's software was "available in the United States" (translation: available on the internet, regardless of where in the world the business or server is), it can be sued in the United States.

      Personally, I wouldn't be surprised if they could eventually find a sympathetic judge to overturn that. That's a rather disturbing precedent, especially if it works both ways, because if everyone that uses the internet is subject to all of the laws of planet Earth, then everyone that's even touched a computer is probably a candidate for execution somewhere.
    • by cgenman ( 325138 ) on Tuesday January 28, 2003 @04:39AM (#5172992) Homepage
      Please. No legal leg to stand on. You want the legal protection of being considered a "business entity" under United States Law, you need to have no blood on your hands. Anotherwards, your business can't be illegal. You will not be awarded jack shit in court if you can't prove that your business is legal.

      Please. Oil companies? Monsanto? Microsoft? Meat Packing? It's not blood, a little green wipes the red right out. It's green. I don't want to be one more person that cries out about big business owning our government, but you realize that Enron is still around, don't you?

      Again: this is makes no sense whatsoever. Anyone who owns a copyright is entitled under copyright law to legally defend that copyright, music (monopoly) / industry included...especially if the distributor doesn't legally have permission (from the copyright owner) to distribute the music...permission would include ownership of the distributed media or rights granted by the owner to distribute the copyrighted material. Neither case exists for Kazaa.

      You (and a lot of other people) are misreading here. Because of the special status afforded music in this culture, and the blanket licensing terms for radio and other playback, there are certain circumstances under which a company cannot legally refuse to license music. They cannot refuse to wholesale CD's to anyone but BMG record stores, for example. The labels arguably have done this, as exampled by the many online music ventures that failed to receive licenses for music while the industry was plotting its own services.

      1) Establishing itself (at least in part...even a part as small as an office building) as a business in the United States...You sue in the United States, you're a legal target in the United States, plain and simple.

      What part of the Sklyarov / Abode E-books thing did you miss? You are already falling under US jurisdiction if you do a portion of your business with US customers. Now, the US can rule all it wants, but it can't put the equivalent of a lien on a bank in Morocco without approval of the Moroccan court system. They could take the American office, but I'm sure that's rented.

      If you had read the article, you would know that they are suing not for the right to illegally distribute content, but that they are suing because the RIAA had illegally prevented Kazaa from licensing content.

      In Go, this would be called a KO fight. This does not preclude or even reference the legal challenge against Kazaa's network, but in response to that it challenges an illegal practice of the music industry which could shut it down. One could destroy the other, or vice versa. The industry would seem to have the upper hand with more lawyers, but if you read the wired article (now mysteriously down) Kazaa has an amazing network of cross-border legal hurdles necessary for the music industry to jump before cutting off the company that produces the software, at which point the software will still be functional and loose in the wild. They have an amazingly large number of liberties (again, GO), and both sides are vulnerable.

      That fight, sadly, will probably go to the money. But a slap on the wrist by the judge might be enough to require the companies open up to actual licensing of online content, as opposed to shutting down competitors. The justice system is currently terrified of bringing to justice anything large, but Java is now shipping with Windows. Kazaa *might* have enough legal wiggleroom to then license content and have the previous charges thrown out on the grounds that they weren't holding their copyrights properly.

      In other words, if they play the game good enough, they can force the music industry into licensing to them, transition to a probably much more profitable paid service, and come out the other side squeaky clean. Whatever lawyer thought this up earned their paycheck.

      How did this parent get modded up to 5 insightful? He obviously didn't read the article.

    • by Alsee ( 515537 ) on Tuesday January 28, 2003 @05:42AM (#5173116) Homepage
      Please. No legal leg to stand on. You want the legal protection of being considered a "business entity" under United States Law, you need to have no blood on your hands.

      RIAA's hands are pretty bloody. They are guilty of anti-trust violations. Illegal cartel activities. Try googling for it.

      Anyone who owns a copyright is entitled under copyright law to legally defend that copyright

      Unless a court rules you have abused that copyright. In that case the court has the power to revoke your right to protect that copyright.

      P.S.
      I phrased it as "revoking your right to protect a copyright" because that's the way I originally saw it written. IANAL, but as far as I know it is essentially the same thing as revoking the copyright itself.

      -
  • Hello WWF (Score:5, Insightful)

    by serutan ( 259622 ) <snoopdoug@RABBIT ... minus herbivore> on Tuesday January 28, 2003 @02:22AM (#5172605) Homepage
    For me this situation kind of hammers home the point that today there is no right and wrong, and there are no principles. Their are only winners and losers. Our current version of having faith in the system amounts to hoping that your favorite side has smarter and sleazier lawyers than the other side. I would like to think that Congress and the courts might actually try to figure out what kind of world the public wants to live in and make it so, kind of like government of the people, by the people and for the people. I don't want to jump up and cheer because OJ's lawyers are on my team. But oh well, we have what we have. Our democracy and our legal system are both about as real and meaningful as pro wrestling.
  • by Anonymous Coward on Tuesday January 28, 2003 @02:24AM (#5172615)
    Look, I'll be honest. I, like most other people here, have downloaded pirated music from the internet. Its seductively easy, and if you have a nice broadband connection, really quick. The sound quality on the 128k MP3 format may not be "audiophile" quality but for those of us using regular computer speakers, and not $6000 Bose systems, its just fine. Just like with gay sex and open-source software, its easy to think that just because its fun and enjoyable, pirating music is okay, and should be permitted. But thats the wrong answer. Despite all the half-baked rationalizations cooked up by piracy advocates, no one can really refute the truth spoken by the recording industry: Sooner or later, the widespread distribution of near-perfect digital copies will destroy the market for commercial recordings, and make the production of the very product consumers seem so eager to pirate impossible.

    Just take a look at the music you download now. Sure, you may occasionally and self-righteously download the occasional legitimate "teaser" track released legally, or some free songs from no-talent "independent" artists who are giving away their wares because no one in their right mind would pay for them. But you know that almost all of what you download was recorded, produced, distributed, and marketed by the very recording companies you claim to despise, and would never have been committed to disc were there not the possibility of profiting from exclusive distribution rights to their product. Every time you download their songs illegally, you are decreasing the probability that such things will be available in the future.

    Anybody who cares about the system of intellectual property which has made the american entertainment and information technology industries so dynamic, and enjoys their fine products, from Windows XP to the "Lord of the Rings" movies to your new cell phone with built-in games and internet access, should understand the necessity of crushing Kazaa once and for all. We know that what they are doing is reprehensible, and moreover, as the Napster case and every successive suit against online piracy services has shown, illegal.

    But Kazaa is worse than that. They have deliberately created an organizational structure, similar to the front organizations used by organized crime, to continue to operate and profit from their misdeeds in spite of legal sanction from every civilized country in which they have been sued. And like any crime ring, they have gone to great length to extract as much money from their "customers" as possible, using the enticing lure of pirated music to force paid advertising and virus-like spyware on the computers of their users. But in this modern era of international trade agreements such as the WTO, no one is beyond the reach of the law, and I believe that Kazaa can be crushed. They can be submerged beneath a tidal wave of litigation, until one day no internet provider will dare risk allowing them access. Any country which offers them safe haven should be considered a rogue nation and isolated internationally, and considered a sponsor of terrorism. If the world can beat Kazaa, it will send a strong message that theft is wrong, and allow the content producers to lead the way into the beginning of the true information age.
    • by cheshiremackat ( 618044 ) on Tuesday January 28, 2003 @02:43AM (#5172680)
      This is the first well written rebuttal to the 'pirates' among us... However, you fail to address one point... consider the bottled water industry, they compete with the *free* water from the taps, and do quite well... What the RIAA needs to do is to differentiate their products from those you can download... how about the new EMINEM w/DVD features on the CD...that'd be a pain to DL... and remember when album cover art was important...

      IF the RIAA wants to compete then make it worth my while to pay for it... I will... all KAZAA et al. represents is 4 million consumers saying that things have to change... that also means that 4 million consumers are a willing market for music that offers something better than 4 minutes of DL and 128kbs or $16.99 @ HMV

      _CMK
    • Just take a look at the music you download now. Sure, you may occasionally and self-righteously download the occasional legitimate "teaser" track released legally, or some free songs from no-talent "independent" artists who are giving away their wares because no one in their right mind would pay for them. But you know that almost all of what you download was recorded, produced, distributed, and marketed by the very recording companies you claim to despise, and would never have been committed to disc were there not the possibility of profiting from exclusive distribution rights to their product.

      I don't know about you, but about half of the non-radio music I listen to is very eclectic [reference.com]. The rest of it is the stuff that the RIAA tends to sponsor.

      I also find that when I pay $15 for a CD, I only ever listen to maybe 3 of the 12-20 songs on it (with a few notable exceptions), and most of these songs I have never heard of in the first place - for good reason. I don't like paying that much money to get only a few songs.
    • Re: (Score:3, Insightful)

      Comment removed based on user account deletion
  • by Powercntrl ( 458442 ) on Tuesday January 28, 2003 @02:37AM (#5172657) Homepage
    There's 2 ways to kill Kazaa. One is to get rid of the beast itself... This is what they're trying. The other, to scare off all the users offering files [slashdot.org].

    I doubt the former will work. Kazaa seems to me like it's got its ducks in a row well enough that they won't be touched legally. The latter seems far more likely. Unfortunately for its users, if it is proven that Kazaa itself is legal but is being used by the users for illegal purposes, guess who's going to be the next target for legal action... The users offering large amounts of shared files.

    You have to remember, Kazaa isn't fighting for the legal rights of its users, it is fighting to be able to keep running as a business.

    Someone once made an analogy on here about unauthorized sharing of copyrighted material over P2P networks to people breaking the speed limits on the highways. To expand that analogy further... You can't ALWAYS break the speed limit on the highway. Sure, you may be able to do 70MPH in a 55MPH zone if it's what everyone else is doing, but you can be damn sure that everyone else is going to slow down once a cop decides to catch whoever is in the lead. You can't break the speed limit when there's a cop in the next lane and you certainly can't do it when it's 3:00AM and you're the only car left on the road.

    Hearing about someone sharing files on Kazaa being busted will most certainly have the same effect as the cop busting the person in the lead on the highway. Everyone who gives a rats ass about not being the NEXT example is going to disable sharing or get off Kazaa altogether.

    With a major drop in files, it will cause many users to just leave. Then you'll be left with the 3:00AM highway situation - they'll be so few users actually sharing content on Kazaa that busting them all could be realistically done.

    Kazaa surviving isn't a win for the users, it's just the first battle in an ensuing war.
    • Hearing about someone sharing files on Kazaa being busted will most certainly have the same effect as the cop busting the person in the lead on the highway

      Nope, it won't do anything. The same thought was behind harsh anti-drug sentancing, and it made no difference. Anyone can still get pot, anytime.

      What will happen is that it will be quasi-legal; technically illegal but it's just your own bad luck if you become the one-in-a-million patsy.

      • by Powercntrl ( 458442 ) on Tuesday January 28, 2003 @06:46AM (#5173245) Homepage
        Nope, it won't do anything. The same thought was behind harsh anti-drug sentancing, and it made no difference. Anyone can still get pot, anytime.

        Just like the war on drugs, it's not so much a tactic to stop piracy outright as it is to make the general public think twice about it. Those who insist on pirating without getting caught will still find ways to do it.

        Right now, the situation on P2P networks is like being able to go to a crowded shopping mall, shouting "I want to buy pot!" and many dealers come running over to you, eager to sell with no notice whatsoever by any members of law enforcement.

        Dealing drugs and casual (for private use) music/video/software piracy cannot really be compared. The man selling drugs on the street is most likely well aware of the situation he's putting himself in and is willing to risk capture because he needs the money he's making for one reason or another (addiction, debt, etc.). The man with an open file share has a lot more to lose by being jailed and gains nothing of value by keeping his shared directory open.
  • by blair1q ( 305137 ) on Tuesday January 28, 2003 @02:37AM (#5172658) Journal
    By calling it a business model in their filing, Kazaa is testifying that they're making money by selling something they don't own.

    We should start a pool on how long it is before Kazaa is shut down.

    89 days.
  • by lingqi ( 577227 ) on Tuesday January 28, 2003 @02:47AM (#5172691) Journal
    I mean part of the difficulty in RIAA tracking KaZaa down is because they are not in the US and therefore does not adhere to US laws. The reverse should be true, right? is KaZaa allowed to sue in an US court if they can't be summoned to one? Can't the lawyers of RIAA use this as defense?

    IANAL, so somebody ponder over this.
  • by Twintop ( 579924 ) <david@twintop-tahoe.com> on Tuesday January 28, 2003 @02:48AM (#5172694) Homepage Journal
    The RIAA isn't going to understand the changing face of the music business until it's too late for them. Their methods of attempting to stop online file sharing is parallel to that of what was happening around the turn of the century with the automobile. Buggy whip manufactures were trying to get laws passed that stated if a carraige didn't have a horse infront of it, it was illegal. For obvious reasons, they did this to avoid being pushed to bankruptcy. The same is happening right now in the RIAA and the music business in general. Instead of cheapening CDs and focusing more on other products that can't be downloaded off of the internet, such as T-Shirts, Concerts, etc., they're attempting to stop the inevitable.
    • Perhaps they do "get it".

      Let's suppose that they do realize their business model is doomed. What should they do in response? Answer: milk the old business model for all it is worth until it is well past dead. Simultaneously, prepare for the new one.

      They're still making big-B Billions of $/year the old way. They can afford lawsuits and lobbying fees easily. Those expenses are just a cost of doing business to them. And even one more year of profits under the old model is worth having. Likely, it's a minimum of 5 years until the old model is completely dead and probably longer.

      Once the old model is completely dead, and not one day before, they can take their accumulated capital and step in to become a dominant player in the new model.

      Our hope, if we have one, is to design the new model in such a way that it doesn't have dominant players.
  • by I Want GNU! ( 556631 ) on Tuesday January 28, 2003 @02:50AM (#5172698) Homepage
    ...cause we all know about all the piracy that goes on there. You know what I'm taking about...all those ads for channels with "0 DAY WAITZ FULL RIPPED LINUX ISOS 24/7 DISTRO"
  • by Mulletproof ( 513805 ) on Tuesday January 28, 2003 @02:56AM (#5172719) Homepage Journal
    "says that their model is fundmentally different than Napster because their major goal is to make money off their companion program Altnet that delivers authorized, paid content."

    And basing their reason for existance around this singular Altnet software is beside the point entirely. THE POINT is whether Kazaa is facilitating piracy, not if they can make money off some ambiguous subscription service. Simply making money doesn't magically give them legitimacy.

    Hopefully, they won't try to justify themselves through Altnet when they should be trying to push the case that they are a FILE sharing program. Not just MP3s or pirated goods. And FORCE the record company to start going after the guilty individual commiting the crime. Right now, their actions are like the FBI shutting down an ENTIRE ISP to take down a guy who collect child porn. It just doesn't happen like that.

    Once again, I ask these people-- are they going to take out Google because the results it displays can potentially contain MP3 sites and warez? Are they ultimately responsible for how the person uses those search results? Didn't think so. Be that as it may, I have no illusions of Kazaa's chances of survival, especially when 90% if not more of it's traffic is violating some sort of copyright or another. It's like a crack house and crack houses get raided. With a case like this, i wouldn't step foot in the US either...

  • common sense (Score:5, Insightful)

    by circletimessquare ( 444983 ) <circletimessquar ... m minus language> on Tuesday January 28, 2003 @02:58AM (#5172725) Homepage Journal
    if kazaa goes down, another file sharing app will pop up, the next one even harder to kill than napster or kazaa. an arms race no music company can win.

    music companies are an economic distribution model. supply and demand. the internet is an information distribution model. infinite supply, infinite demand. there is no economic model in it, so there is no money in it.

    not all discoveries mean good things for everyone. just ask the aztecs or incans. internet= music nirvana for everyone, a BETTER distribution model for music. it is the death of music companies, who make money pushing cds, an inferior distribution model.

    yawn. big deal. next story.

    where is it written in the bible or the constitution that someone, somewhere, has to make money off music? where is it written?

    i think that before the vinyl recording, people enjoyed music and made music just fine. artists will make music whether they are promised a penny or a billion. the passion for music, to create it, does not depend upon how much money you will make. no one said that somebody standing between the artist and me, the listener, needs to turn a buck. radio will tell me who i might want to listen to, and they will make money promoting concerts and selling ads. artisits will still get known, word of mouth will still spread. you don't need a music company for that.

    you can't kill the internet.

    you can kill a company.

    music companies pumping millions into legal actions is just the death throes of a dying dinosaur.

    good riddance.

    they can scream all they want. they can't fight historical obsolescence.

    "video killed the radio star" 1980

    "internet killed tommy motola" 2000

    scream copyright, scream intellectual property. who gives a shit. none of that beats a worldwide millions strong force of music hungry pimply teenagers with no money to burn and an internet connection.

    the gears of historical forces no one can control are turning.

    death to music.

    long live music.
  • by Snork Asaurus ( 595692 ) on Tuesday January 28, 2003 @02:58AM (#5172726) Journal
    "Don't squeeze the Sharman".
  • by Mark (ph'x) ( 619499 ) on Tuesday January 28, 2003 @02:59AM (#5172728)
    The nuts going to get smashed, and nothing useful will come of it.

    Seriously though:
    "Sharman is asking the judge to declare the copyright holders guilty of antitrust and related violations, and to bar them from enforcing any of their copyrights."

    You dont think the *AAs are going to go absolutely all out to get this thrown out of court? I mean forcing all their works into the public domain might do wonders for the 'information wants to be free crowd'... but realistically the *AAs will fight tooth and nail!

    The *AAs would be prepared to blow all their money in lawyers and bribes to avoid a verdict like that... which would really obliterate their business.

    I think theyre asking for too much... and because of this they may end up with nothing. Kazzza was an example of semi-legitimate peer to peer, and was a good example to show off legal p2p working. (As like its *cough* only a small minority sharing illegal stuff *cough*)...

    But with claims like "bar them from enforcing any of their copyrights"... i mean for fucks sake, they only make profit out of holding copyrights.. im finding this difficult to explain.. but like i say, the *aas will pay anything to stop that verdict.

    Maybe a slightly less inflamatory suit wouldve done more good for p2p imho.
    • The *AAs would be prepared to blow all their money in lawyers and bribes to avoid a verdict like that... which would really obliterate their business.

      Unless the suit is totally baseless then there is a real chance the RIAA will fail to get it thrown out no matter how much they spend on laywers. Spending a billion dollars on laywers is certainly an advantage, but it doesn't guarentee a win *if* Kazaa has a real case.

      I think theyre asking for too much

      We all know the penalties for violating copyright law are severe. Well, if Kazaa prooves the RIAA violated copyright law in the way they claim then that's the legally mandated penalty.

      Can can Kazaa prove their case? I have no idea. But even if they can't then it can still be effective leverage against the RIAA lawsuit. The RIAA may negotiate a settlement to drop both lawsuits.

      The RIAA is filing lawsuits and threatening lawsuits left and right and driving people out of bussiness. I have no sympathy for the RIAA defending themselves against a lawsuit that threatens to do the same to them.

      It would be poetic justice for the RIAA to be wiped out for violating copyright law.

      -
  • by tchueh ( 305012 ) <mit211NO@SPAMhotmail.com> on Tuesday January 28, 2003 @02:59AM (#5172729)
    and I'm sure some of you are... but I find it interesting how everyone likes to go on about the legalities of this lawsuit as if it's a really idiotic move...

    Like I said, I'm not a lawyer... but I'm pretty sure the good folks at Sharman Networks aren't idiots either... and I'm sure this lawsuit was well thought out...

    Perhaps their motives dig deeper than most of us are looking?

    Just a thought...

    (either way, it'll be interesting to see how this plays out)
    • Well, I am a lawyer... and you'd be surprised how many lawsuits are filed without appropriate "thinking things through."

      I'm not saying this one was or was not appropriately considered... many many lawsuits by major corporations are not, though.

      --
  • "Thank you for downloading your personal advertising delivery system! Please follow the onscreen instructions so that we may deliver customized advertising content to your computer. Any use of this software that is not for the purposes of advertising distribution and delivery is strictly prohibited! Infringing use will be prosecuted to the fullest extent of the law! [ed note: that is, not prosecuted at all]

    Have a nice day!"
  • by Animats ( 122034 ) on Tuesday January 28, 2003 @03:48AM (#5172866) Homepage
    That antitrust claim probably won't work. For one thing, Napster tried it, and it didn't work for them. It also didn't work in Professional Real Estate Investors vs. Columbia Pictures [utexas.edu]. That case covered the rental and playing of movie videodiscs in hotels. PREI argued they were just a video rental store, and Columbia argued they were publicly performing the works and thus violating copyright. PREI made an antitrust counterclaim against Columbia, and the issue went to the Supreme Court, which defined clearly when an antitrust claim is invalid. As long as the copyright claim is legitimate, an antitrust counterclaim is inappropriate. "The Court holds today that a person cannot incur antitrust liability merely by bringing a lawsuit, as long as the suit is not "objectively baseless in the sense that no reasonable litigant could realistically expect success on the merits." "- Justice Souter.

    The problem is that copyright confers a monopoly. The RIAA members did get in antitrust trouble over retail price maintenance, but that had to do with illegal marketing practices, involving pressure on retail outlets not to discount. The retail outlets weren't claiming the right to copy the product, just to stick "50% OFF" stickers on it. There was collusion amongst the RIAA members to accomplish this.

    But a copyright claim doesn't require collusion. Any individual copyright holder could ask a court to shut Kazaa down. Price maintenance only works if most of the players conspire to keep prices up. That's the difference.

    • That antitrust claim probably won't work. For one thing, Napster tried it, and it didn't work for them.

      Yes, but I think that the new issue here is the Recording Industry's attempts to promote its own download services in competition to things like Kazaa. It's one thing for the major labels to protect their copyrights, it's another for them to use their copyrights as a lever to put companies out of business so they'll have no competition in a business area that they've already entered.

      The hotel case didn't pack the same argument. Even Napster didn't have the same case, because at that time the music industry hadn't clearly demonstrated its desire to control the music download business. The situation is different now; for instance, six major labels [slashdot.org] just announced that they're collaborating on a music download service, which creates a much more compelling case that the labels are leveraging their copyrights to advance their own distribution businesses. This is further evidenced by the fact that many of these label-controlled download businesses have failed to pay royalties and yet the music industry has neglected to use its legal powers against them.

      I doubt that the conservative court system is going to buy it, but I do think that Kazaa has a valid argument in this case. It's an argument that's going to become increasingly valid until it's obvious to even the most skeptical among us.

  • by Anonymous Coward on Tuesday January 28, 2003 @04:03AM (#5172920)
    Why is Kazaa/Napster illegal?

    Can someone fill me in please?

    I mean, I really don't get it why a p2p network would be illegal... Kazaa is not forcing anyone to break laws and steal stuff... There are legitimate uses for Kazaa...

    Wouldn't this be the same thing as making CDR's illegal just because you can do illegal stuff with it? Or you could even make the Internet illegal because well it's used for so many illegal things from warez, music pirating, fraud, child pornography, etc... Where does it end?

    Kazaa, Napster, or any other P2P network should not be held responsible for some peoples' actions that might be illegal. Those people doing the illegal actions should be held accountable. Just because it's a little harder to track down, that doesn't mean it can't be done, and it doesn't mean anyone should blame P2P networks for it....
    • by Ibanez ( 37490 ) on Tuesday January 28, 2003 @05:57AM (#5173143)
      Thats the exact same question I've been wondering. Last I checked, the license, in which you have to agree to in order to use their product, forbids its use as an illegal file-trading service. And last I checked, EULA were considered somewhat legal documents. There was a big discussion about this and electronic signatures a year or two ago.

      But then again, look at all the ISP's that are being taken down for things their users do without their knowledge.

      Logically, it seems like it wouldn't be illegal. You can't assume that just because illegal activities occur due to something makes that something itself illegal.

      By that logic, these following scenarios should follow:

      Underage drinkers get into bars illegally. Bars are illegal.

      A program leaves a computer vulnerable by default. That program is illegal.

      Computers, networking services, and the internet provide a means for illegal activities. They are all illegal.

      Ok, so yes, those analogies may not be one hundred percent correct, but you get my drift. Providing a means for illegal activities is not illegal if that is not the original intention.

      Why the hell do you think bongs are legal? Yes, they are supposed to be good for smoking tobacco. But what percentage are actually used for tobacco smoking?

      Blake

      By the way, I am not a lawyer. 95 percent or more of you are not as well. So I may be wrong, and probably am. I'm just speaking from a logical viewpoint. Most of you are probably wrong as well. Slashdot should pay their legal team to tell us what they think.
  • SuperBowl XXXVIII? (Score:5, Interesting)

    by Cinematique ( 167333 ) on Tuesday January 28, 2003 @04:38AM (#5172991)
    On one side, we have the Recording Industry Association of America. On the other side, we have Sharman Networks. Lopsided match, to say the least.

    Maybe it's the American in me... but I hope the underdog wins.

    Somehow, I feel that the future of computing as we know it is going to be decided in large part due to the outcome of this matchup and I for one am tired of waiting for the outcome. I'm tired of the constant rehashing of the legality of file sharing. I'm tired of the false numbers and statistics spun as proof that P2P is the sole culprit for declining music revenue.

    Most of all... I'm tired of the threats of a DRM-enabled world.

    I'm a music fanatic. I love all kinds of music. I used to buy music, but when Napster was taken away from me, I stopped.

    When I pay to see concerts now, at least I take cautious comfort in the idea that the artists see a larger percentage of my twenty dollars. I hope, anyway.
  • by Anonymous Coward on Tuesday January 28, 2003 @05:55AM (#5173139)
    It has been discovered that Microsoft's "Internet Explorer" is being used to download pirate music from the net.
    And a device called the "Telephone" can be used for lower-quality instant transmission of aforementioned music.
    The creator of the "ear" (client) and the "Voicebox" (server) will also be brought to trial soon, once the Evolution/creation debate is finished, and a defendant can be found.

  • Not a chance (Score:3, Interesting)

    by AppyPappy ( 64817 ) on Tuesday January 28, 2003 @08:45AM (#5173463)
    Kazaa may actually have a hope

    Not while there are lawyers using oxygen in LA and New York. The music industry can bury Kazaa in legal costs and settle out of court.

  • by nurb432 ( 527695 ) on Tuesday January 28, 2003 @08:52AM (#5173476) Homepage Journal
    They will most likely prove their case and continue to exist, perhaps in reduced form.

    The problem is that now the RIAA/etc are planning on going after users.. who will be brave enogh to use kazaa, etc.

    Once the first high profile case produces jail time for some average joe downloader, useage will drop off the map.

  • GUNS (Score:5, Insightful)

    by Windcatcher ( 566458 ) on Tuesday January 28, 2003 @10:01AM (#5173815)
    If there are any NRA members here, you should take note. If the government can hold Sharman legally responsible for what people trade with their software, how is this in any way different from holding Smith & Wesson, Ruger, et. al. responsible for what people do with the guns they manufacture? As you no doubt know, groups like HCI (Handgun Control, Inc.) have been trying to sue manufacturers for years in this way. If Sharman loses this fight, it can set a very dangerous precedent: that manufacturers are responsible for all uses of their products.
  • by geekee ( 591277 ) on Tuesday January 28, 2003 @04:22PM (#5176628)
    Kazaa has a legitimate use in allowing distribution of material that isn't restricted by copyright holders, as well as distributing DRM style files that can be paid for and activated after downloading. The monopoly angle doesn't work, however, since copyright holders are granted a monopoly by law, so legally have the exclusive right to license the material to whomever they want.

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