Kazaa Outed Over 'Trust Fund' for Red Cross 234
danwarne writes "In one of the most bizarre twists in the court action against Kazaa yet, documents have been tendered in Australian Federal Court court that showed that Kazaa claimed to have set up a trust fund for donations to the Red Cross (at about the time the tsunami hit), but the Red Cross has confirmed in writing it has never heard from them about it. The music industry alleged in court that it was a tactic by Kazaa parent company Sharman Networks to park money out of the reach of the music industry if it loses the case and is left with a huge damages bill. This in the same week that it came out in court that top Sharman/BDE execs offloaded their multi-million dollar homes. Sounds like Kazaa's lawyers might be telling them to prepare for the worst..."
ObLinus (Score:5, Funny)
Real men don't scam citizens for stash-money! They zip it up, call it goat porn and upload it to Kazaa! Oh wait...
New take on the Nigerian scam letter... (Score:5, Funny)
I am an extremely wealthy Australian businessman who needs to quickly move money out of the country.
If you let me use your bank account, I will pay you 10%.
Of course, I do already know your bank account details, given the amount of spyware I loaded onto your computer...
Sincerely,
N. Hemming
Sharman Networks
Hurray! (Score:4, Insightful)
Glad to see them wasting their money by pissing it away like this. The people that download music/movies will always be about 10 steps ahead of them.
Re:Hurray! (Score:3, Funny)
Not so (Score:5, Insightful)
Re:Not so (Score:4, Insightful)
I mean, they could try to go after the original programmer of Bittorrent or something, though the source out in the world protected by the MIT licence...so the RIAA would also have to challenge that if they want to "shut it down".
They close a tracker site down, 10 more pop up. Bittorrent isn't going anywhere and in fact will become better and better.
The RIAA are fighting a losing battle...do they have a right to fight it, sure. But I still belive they should instead try to find a better solution then what they're attempting, because as you can see, it doesn't really stop anyone from trading music. They shut down Napster, people still trade, they shut down Kaaza people still trade. In fact, I'm willing to bet that more people trade music today then they EVER did when Napster was around. I have no facts to back that up, it's just a hunch.
Of course, I could be totally wrong.
Re:Not so (Score:2)
Isn't that what people said about all the other p2p pirating scams? Of course they are all toast.
Re:Not so (Score:4, Insightful)
Re:Not so (Score:2)
Go after the original author? Then what? The source is out there under the MIT licence...so then the RIAA would have to go after the licence and have it rendered null...and would they really want to open up that can-o-worms?
Re:Not so (Score:2)
What does "open source" have to do with it? Absolutely nothing. The words "open source" do not have some magical power that renders corporate lawyers impotent.
What they will do is send out a few thousand subpoenas and sue the shit out of both users and torrent link sites. That is what they will do. Scare tactics can be very effective, this approach has been shown to work very well in the past.
Re:Not so (Score:2)
Napster shut down back then because it was a central place with closed software that was a huge target. Same with Kaaza.
Where are the subpoenas going to go for the many people that use Bittorrent...a program that is even used by bigg
Re:Not so (Score:2, Insightful)
You are totally wrong. BitTorrent was never designed to be anonymous. BitTorrent sites were closed down quicker than the P2P networks because the individuals sharing thier files identified their IP addresses and Torrents were advertized on easy to find websites. Very easy to go after a web site.
It's weird how people see the word "decentralized" and think it's some kind of magic.
Re:Not so (Score:2)
No, really. It's a great word. Like a magic spell - abracadabra or something
"Kazaa! Your download's fucked!"
"Kazaa! You've got spyware!"
"Kazaa! You thought it was Star Wars but it's really goat porn!"
Re:Not so (Score:2)
Re:Hurray! (Score:3, Insightful)
Quick summary of what you said
"Run run as fast as you can, you can't catch me I'm the gingerbread man"
I'm assuming in this downloading that you are making direct contributions to the artists that made the films/music rather than just ripping it off ? Didn't think so.
In my book that makes you an equal git with the RIAA. They might be over-zealous, but you are a plain and simple thief.
Re:Hurray! (Score:2)
Did I say anything about where I even stand on the issue? I was pointing out the obvious.
The music industry is changing, for the better I belive, and the power of an artists music is going BACK to where it belongs: with the artists. How many times do we have to hear about the recording industry ripping off artists? Almost all of the money should go to the artists with t
Re:Hurray! (Score:3, Insightful)
People have been sharing music for as long as I remember. In the 60's My sister used a reel to reel to tape songs off the radio and make copies for her friends. I had a casetter recorder/player with two tape drives in the 70s which was specifically for copying tapes.
Re:Hurray! (Score:2)
Really? Tell that to the judges and lawyers... If you'd said "I don't think they have..." first, I might have bought it. But, they definitely have a leg to stand on...
Re:Hurray! (Score:2)
Everyone should switch to using microsoft netmeeting's sharing capability to distribute their warez and pirated music.
Re:Hurray! (Score:5, Interesting)
Re:Hurray! (Score:4, Interesting)
Journalism (Score:5, Insightful)
What in the holy name of hell is passing for journalism these days? I might as well be reading my little brother's blog.
Re:Journalism (Score:5, Informative)
Seconded! Who approved this piece of crap! I quote from the beginning of the article:
them on attracting the world's most downloaded program in history as a contributor to its coffers. With three billion files downloaded each month on Kazaa, the Red Cross could almost rebuild Asia single-handedly from what must be a generous pool of dollars from Sharman
Most downloaded program in the world? Rebuild Asia singe-handedly? This isn't hyperbole, this pure Improbability-Drive-A-Bole! The editor only needed to read three short paragraphs in to reach this rubbish! So either no-one read the article, or else they didn't understand what they were reading.
My two pence!
Re:Journalism (Score:2)
Sorry to answer my own question - probably bad form and all, but following the editor's link to his home page, I found this adorable quote:
I post on Slashdot as "timothy," to great wailing and gnashing of teeth.
So it's deliberate then, is it? If
Re:Journalism (Score:2)
Garth Montgomery's Dispatch pieces on Kazaagate have been posted to Slashdot regularly since the trial began.
They have been quite interesting, and since they cover Kazaa, they're of direct relevance to Slashdot readers. I know of no other regular coverage of Kazaagate, but if you do, why not submit it?
"great wailing and gnashing of teeth" is a common phrase. Timothy was making a joke and using a light-hearted writing style, similar to the approach used by Garth at the Dispatch. I wouldn't take it too
Re:Journalism (Score:2)
There's your problem right there. If you don't take this place seriously then it's not such a bad place to hang out.
Re:Journalism (Score:2, Insightful)
"Most downloaded program in the world? Rebuild Asia singe-handedly? This isn't hyperbole, this pure Improbability-Drive-A-Bole! The editor only needed to read three short paragraphs in to reach this rubbish! So either no-one read the article, or else they didn't understand what they were reading."
Many journalists and correspondents write in a colloquial style; it's part of their appeal. Google on "Hunter S. Thompson" or "Ann Coulter" or "Dominick Dunne" to see some more examples.
To your credit (and t
Re:Journalism (Score:2)
Re:Journalism (Score:2)
To your credit (and to the credit of others who appreciate the correspondent's poor writing), I understand many older people have had strokes or other medical problems that have cut off the oxygen to large parts of their brain for
Re:Journalism (Score:2)
The editors have admittedly been completely bereft of actual editing skills or judgement (for say, at least the last 2 years), but in this case, the style of the story is not a sign of lack of veracity, just playfulness. The writer actually knows how to write and behind the gonzo facade, he seems to have a solid story.
Re:Journalism (Score:2)
Why you diss Ali G? (Score:2)
Peace, out...
Re:Journalism (Score:2, Interesting)
But this couldn't be a blog, because it contains news I hadn't read someplace else. It would be disqualified from the blog-o-sphere.
Re:That is only the beginning ... (Score:3, Funny)
Hmm, this journalist definitely seems like a product of Microsoft's new l337 sp33k... oh, excuse me... "leetspeek" guide [microsoft.com].
p2p not synonymous w/ kazaa (Score:5, Insightful)
Upsides? (Score:2, Funny)
Re:Upsides? (Score:3, Funny)
Never, ever talk about Soulseek.
First rule about modding comments about Soulseek. (Score:2)
Don't you think they read
Priorities (Score:2, Insightful)
At least here where I am, before performing this kind of actions better one should really better consult with criminal lawyers and be very carefull with it; One should be more worried with the penal consequences than with financial assets....
Re:Priorities (Score:2)
Not suprised... (Score:5, Interesting)
But before you fly off the handle, look at it this way: They took software for trading files and turned it and it's abilities into a profit machine, stooping so far as to load users with spyware to further that profit (remember: Kazaa Lite has no connection to Sharman). All the time we all knew that Kazaa was used 99% of the time for retrieving copyrighted works people had no rights to. This isn't Bittorrent where many files are free [gnu.org].
After they had cashflow they had one of two responsiblities: Either filter owned works or pay up for those works. They made information trade their business and they didn't own the information they were "brokering".
I don't know how people can be suprised or offended when Kazaa or Napster gets sued. I don't work for the **AA, and am not Dr. Dre, just not suprised at this. I'm not suprised if they get there asses handed to them. (I'm not counting on them getting off on any technicalities, I'm just saying they have it coming.)
Napster and Kazaa with websites is tantamount to a drug dealer on the corner with a sign and them turning a profit is as disgusting as it gets. I've bootleged and pirated quite a few things but I nor anyone else should be making money off of that.
That is the point isn't it?
Re:Not suprised... (Score:2)
There is no clause permitting copying if it's not done for profit, or any portion of copyright infringement that would seem to limit its scope to commercial endeavors only. These factors only affect the amount of liability the infringer may face, they do not change whether or not an infringement occurs.
You can try to rationalize not-for-profit pira
Re:Not suprised... (Score:2)
Prior to 1996 or so, noncommercial infringement was illegal but there weren't any penalties for it. I think there are those who would welcome a return to that state.
Re:Not suprised... (Score:2)
Of course there is - everyone involved in not-for-profit copyright infringement. Duh.
Re:Not suprised... (Score:2)
In other words, everyone and their mother. And 12-year-old granddaughter.
Re:Not suprised... (Score:4, Insightful)
Unfortunately, a return to the state Copyright was in before 1996 would also necessitate a return to a time where the Internet wasn't what it is now either. Since the latter isn't possible, neither is the former.
Sorry.
RE: B.S.! (Score:2)
But let's stop and think about this one for a minute, shall we?
Way back when Lotus 1-2-3 for DOS was still the most popular spreadsheet around (pre-1996) - accusations were flying left and right about "there being an illegal copy in use for every single legal one". Similar claims were made about WordPerfect and the early versions of MS Word too.
Of course, there's never any way to really *prove* any of the
Re: B.S.! (Score:2)
People not respecting Copyright is the source of all our Copyright woes.
That's it.
The fact that it takes pirates a lot less time to pirate than it did 10 years ago doesn't change the reason people pirate, but it certainly does affect the frequency.
They never cared about the reason before, and they don't care about it now... they (rightly) care about the impact on what Copyright actually is, the exclusive _RIGHT_ to _COPY_, which was granted to
Re:Not suprised... (Score:2)
IIRC originally copywright ONLY covered comercial use, and ONLY for a few years.
It's expanded to the point were you practically need a specific clause to even READ something without commiting copywright infringement.
Mycroft
Re:Not suprised... (Score:2)
Exactly. Today's copier generally has exactly that harmful intent in mind - drive the copyright holder out of business. Microsoft, Adobe, Metallica, and so on. The problem is that it isn't just these folks now. GPL software has started to see the effects of this. How long is PearPC going to withstand the assault of CherryOS?
Re:Not suprised... (Score:2)
Has this clicked for any of you "it's illegal" parrots? We don't care!
Fix the laws and we will be law abiding citizens.
Re:Not suprised... (Score:2)
To use the expression in another example, in the same tone and context I used the expression before, speeding by itself doesn't really hurt anyone either, but it's still illegal.
Does the fact that you or I may be able to come up with half a dozen other valid reasons _why_ speeding may be wrong dimin
Re:Not suprised... (Score:2)
It ends up giving everyone a bad name and is bad for open and fair business. Because of Kazaa and ilk we now are operating under a guilty until proven innocent system.
I say go back to the days when it wasn't in the open and so easily done. Giving the ability to everyone is what is hurting us all. Now we are going to be legislated back into the stone age.
Please copy but don't promote fucktards like these
Re:Not suprised... (Score:4, Insightful)
Re:Not suprised... (Score:2)
Even if it was assumed that many customers were drug dealers none of the messages (in the 1980's) were specific enough to filter out illegal activity. Kazaa has a central server where searches like "Britney Spears - Toxic", or "Pink Floyd - Wish You Were Here" pass through. They made a point where it could be filtered but they didn't use it to protect themselves
Re:Not suprised... (Score:2)
No, many of the messages included drug words. I know, because a friend of mine, as late as the late 1990s, was a programmer for an NYC pager company, and he used to grep the streams for interesting words, and then piece together interesting conversations. The carriers are not responsible for policing their infosystems, even when they can, and P2P doesn't change that.
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Nope. They are like someone who puts some benches covered with advertisements on a street corner and lets people sit and transact whatever business they might have with each other. They don't either provide "drugs" (illegal copies) or have a sign to encourage drug trading.
When Porsche is forced to limit speed of their cars to 65Mph and US citizens are banned from opening numbered swiss bank accounts, it might be even
Re:Not suprised... (Score:3, Interesting)
Kazaa went into business because they correctly saw the huge opportunity in the high demand for pirated material. Their very business model is based on this. Anybody who claims that Kazaa thought that it would be used primarily for trading Linux distros is either naive, or deliberately being Kazaa's stooge.
They took the risk, and now they're in hot water. Naturally, they're using feeble excuses to avoid liability. There's nothing to be gained by our ignoring the obvious and pretending that Kazaa isn't
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2)
Considering they log activity they are in big trouble as well:
http://www.kazaa.com/us/privacy/privacy.htm [kazaa.com]
They can't say they had no idea.
Remember "bongs" are illegal now because they help break the law. Tommy Chong can attest to that (not even that I agree with that, but it's precedent).
Re:Not suprised... (Score:2)
Re:Not suprised... (Score:2, Insightful)
They took software for trading files and turned it and it's abilities into a profit machine
There's nothing inherently wrong with that.
After they had cashflow they had one of two responsiblities: Either filter owned works or pay up for those works.
They have no such responsibility, any more than Microsoft has a responsibility to build filters into IIS to stop people from putting copyrighted works on websites without permission.
I don't know how people can be suprised or offended when Kazaa or Naps
Re:Not suprised... (Score:2)
After they had cashflow they had one of two responsiblities: Either filter owned works or pay up for those works.
They have no such responsibility, any more than Microsoft has a responsibility to build filters into IIS to stop people from putting copyrighted works on websites without permission.
I don't know how people can be suprised or offended when Kazaa or Napster gets sued.
Because this software is just another way of copying files. You don't see the Apache Foundation get sued, or Micro
Re:Not suprised... (Score:2)
Would you trust your voip packets to these guys?
Re:Not suprised... (Score:2)
Where do you draw the line though? When they come after your ISP for making money off piracy by encouraging massive data caps?
Noone I know downloads more than 20gb a month of legitimate traffic - the vast majority of users that don't download music/movies/tv s
Drug dealers and kazaa (Score:2)
My point is that you could sell drugs - I'm fine with that. But the system has already made it hard for you being illegal and all. People who want drugs have to know you or someone you know to get them.
It makes breaking the law harder if we don't accept those who do it...
Privatized Court of Public Opinion (Score:5, Insightful)
Re:Privatized Court of Public Opinion (Score:2)
"We know that none of these sleazy biz tactics have anything to do with their liability for abuse of their software by some users."
What, as opposed to the majority of Kazaa users who use it to trade Linux distros? Kazaa's entire business model is based on the popularity of pirated material.
"The rest of the corporate media, in the "news" business, will be able to report that the Supremes dealt the "sleazy" P2P corps the justice they deserve, because they run tsunami scams. It will all make sense in t
Re:Privatized Court of Public Opinion (Score:4, Insightful)
Re:Privatized Court of Public Opinion (Score:2)
And they tracked usage which makes them responsible. They were to greedy and it caught up to them.
Re:Privatized Court of Public Opinion (Score:2)
Re:Privatized Court of Public Opinion (Score:2)
Now we are just getting a little too out of touch. Kazaa was used for the sole purpose of trading copyrighted works! Not linux iso's, not royalty free work, Britney Spears songs...
Then again, the phone, bars and the such weren't invented for the sole purpose of breaking the law... Kazaa was!
Anyone who doesn't admit this to themselves is delusional.
just more "Manufacturing Consent" (Score:2)
If they pay to have enough lying, crooked twisted articles in the media, when they fuck them over in court, the public outcry will be muted.
"Fraudulent conveyance" (Score:3, Insightful)
At least that's the way it works in US law.
The music industry is making grave accusations here.
Re:"Fraudulent conveyance" (Score:2)
Re:"Fraudulent conveyance" (Score:3, Insightful)
"Okay, this is getting off-topic (and I kind of expect to be modded down as such), but how exactly are they supposed to know exactly _why_ you did it? How could they even begin to prove it, even if it _were_ true?"
There is a term you may have heard on TV shows or movies: "circumstantial evidence." It's a fact that can be inferred from other facts. It's generally admissible in courts.
For example, if an executive of a company whose business model was based on piracy, and whose said company was headqua
Re:"Fraudulent conveyance" (Score:2)
Re:"Fraudulent conveyance" (Score:2)
Ah, I think I see the source of your confusion. Kazaa claimed to have made the Red Cross their sole beneficiary, but it was not set up as a tsunami relief fund per se (and it couldn't have been -- this all happened before the tsunami). Check the dates on the PDFs to and from the Red Cross in TFA... they're from before Christmas.
The article pointed out that the news of the Red Cross hijinks broke at around the time the tsunami had hit and the Red Cross sprang into action, but nobody claimed that Kazaa ha
I call bullshit on this story (Score:4, Interesting)
I see what you mean! (Score:2)
Yeah, I see what you mean there brother! Now all the pieces fall together: Sharman Networks is behind the Christmas Tsunami disaster! The bastards!
Re:I see what you mean! (Score:2)
I was joking, laugh!
Re:I call bullshit on this story (Score:2)
>Dispatch: Will KAzza make you the beneficiary of some money in a few days time.
>Red Cross: I have no recolection of any such person contacting me in two days time.
Simple!
Re:I call bullshit on this story (Score:5, Informative)
The timing is sadly coincidental, but not wrong. Kazaa was pulling their hijinks with the Red Cross before Christmas; you can read the dispatch from Christmas eve [apcmag.com] which covered it at the time.
Yeah, the tsunami happened a few days later. Yes, it was sad, and yes, the Red Cross stepped in to help. But that was a coincidence -- Kazaa could not have known that this would happen. The portion you quoted uses the word "coincided" which is another form of "coincidence." And, sometimes coincidences happen.
Reprecussions for VOIP (Score:2)
No reprecussions for VOIP (Score:3)
No, because VOIP is more than Skype. Even if VOIP would equal Skype, I still don't think Kazaa could hurt Skype's reputation. Most people see Kazaa and Skype as different things, and in fact, they are different things. And they don't see Kazaa as a Bad Thing(TM).
Do you think that John Doe cares that Kazaa comes with spyware? Of course not, he hardly knows what spyware is. All he knows that he wants to download some pr0n and that his daughter wants to d
It couldn't have happened... (Score:3)
Shady folks (Score:5, Interesting)
He sounded fairly unscrupulous at the time, so I guess he knew what was going on fairly well and was OK with it. This seems like a continuation of past policy. Obviously the higher-ups don't care about users, just about making as much money as they can, any way they can.
I thought it would completely die years ago (I stopped using it a long time back). Maybe it will soon with all these recent "issues."
biggest snake in the grass (Score:2, Funny)
GO on, ask around. Anyone who has been in contact with him rarely comes out untouched by his filth.
Yep, I'm staying anonimous. He knows people, you know.
Kazaa needs to go down just so he does, good enough reason for me.
Easy Solution (Score:3, Insightful)
prevailing legal opinion is for Kazaa (Score:2)
Re:Or in other words... (Score:2)
"You know, it's not that painful if you really bend over as much as you can, and spread your knees apart... Oh, and be sure to use lots of lube too !"
Thomas-
Re:Or in other words... (Score:2)
"You know, it's not that painful if you really bend over as much as you can, and spread your knees apart... Oh, and be sure to use lots of lube too !"
Fitting, as that's what Kazas's essentially been saying to the copyright holders for years.
Re:Or in other words... (Score:2)
Not shure if I should offer sympathy or applause.
Mycroft
Re:Or in other words... (Score:2)
Re:Article's Site: sketchy? (Score:2)
As far as I know, it's PBL and Microsoft which are allied to produce NineMSN, and NineMSN draws together all the websites for the ACP magazines and Nine Network TV shows (and then derives online advertising revenues from them).