Kazaa Is Legal, Dutch Appeals Court Rules

Killjoy_b writes " First, the courts in the Netherlands rule against Kazaa, in a higher appeal, the courts rule in favour of Kazaa saying "The software itself doesn't commit any illegal acts, it's the users that could do that, therefore the software is legal" Read the Dutch article on Webwereld I like the way this turned out :)" Another Dutch reader wrote with this: " The Judge ruled that even if the users violated copyright, Kazaa did not. Important in the ruling were the facts that Kazaa does not rely on a central server, and that it is not bound to music or video files alone. According to Webwereld (in Dutch) Kazaa is pondering if they should sue back for lost damages. After the first court ruling against Kazaa, they were forced to sell part of their business, for supposedly a too low prize. " And despite the the fact that both Taco and I are from Holland, MI, no, neither of us can speak/read Dutch - so don't ask us to translate. Update: 03/28 14:39 GMT by M : Reuters has an English summary.

Comments

Amazing.

[sllort]

"The Judge ruled that even if the users violated copyright, Kazaa did not."

"Duh" added the Judge.

Re:Amazing.

[yatest5]

"The Judge ruled that even if the users violated copyright, Kazaa did not."

In other news - guns are not illegal, since it is the users who break the law in shooting someone.

Apart from in most civilised countries ;-).

Re:Amazing.

[snake_dad]

since it is the users who break the law in shooting someone.

No, it's the BOFH who makes the users shoot themselves. Get your facts right. :P

Re:Amazing.

[NanoGator]

"a gun has only one rather specific specific use."

You mean killing? What about turning off the TV, scaring off the neighbor's cat, and settling arguments?

Sounds more like a Swiss Army Knife to me!!

victory is ours!

[jedie]

wohooow! Long live the Netherlands! first they legalize canabis and now this! *victory dance*

Re:victory is ours!

[Anonymous Coward]

OK it breaks down like this: its legal to buy it, its legal to own it, and if you're the proprietor of a hash bar, its legal to sell it. Its illegal to carry it, but get a load of this, right: if you get stopped by a cop in Amsterdam, its illegal for him to search you!

Or something...

Why do they want damages?

[Marx_Mrvelous]

I don't get it.. why would they sue to get back lost damages? Wouldn't they want to sue to get back lost earnings? *confused*

heh

[zapfie]

I got out of bed and checked Slashdot. For some reason, I read the headline as "Karma illegal, Dutch Appeals Court Rules"..
At that point, I started wondering if I needed more sleep.

Re:Guns dont kill people...

[DrSkwid]

of course you're all wrong

guns & bullets don't kill people

blood loss and organ damage kills people

ha!

Machine Translations

[Alien54]

You got to love some machine translations:

Who has the Court house within Amsterdam today private. The Garden which can be canceled the verdict with master R. Oribio the Castrate within the transaction who the Buma / Vote had aangespannen versus KaZaA.

In accordance with the Buma / Vote facility KaZaA with one's platform the violate with the royalties. The software is being principally used until the exchange with music band , without who yonder royalties until turn afgedragen.

Oribio the Castrate sentence therefore who KaZaA steps was obliged to take to the transgression with royalties within stop. When KaZaA yonder sorry, there is no reply would be yield , would be the service one strong penalty sustain.

The erector with KaZaA private upon it the software the Australian service Sharman within sell.

Little tart Who wax not necessary been , thus appears to now. The Amsterdam Garden sentence within the higher vocation who KaZaA versus the verdict with Oribio the Castrate had aangespannen , who KaZaA irresponsible pitcher are being kept until the auteursrechtenschendingen with the consumer with the platform. " so far as talk is with auteursrechtelijk relevance transactions turn who activity performed through the consumer with the program and not through KaZaA.

Christiaan Alberdingk Thijm is sore satisfied with the verdict , solely finds the complete spurt with transactions yet 'een little tart. Too CEO Niklas Zennström suit the verdict 'met mixed opinion within receive. " until KaZaA comes they within tardy.

I pile who muziekorgansiaties when Buma / Vote in future well-being willing will one's to rendezvous within take instead of the master within tread ", thus Zennström The Garden has wholly ranch the differ between Napster and KaZaA started , thus meent Alberdingk Thijm. " towards Napster is yonder talk with one power station server , towards KaZaA is who not the case.

Furthermore was involved the fact with who with KaZaA not solely muziekbestanden may turn uitgewisseld. " Practical significance " inspired stain yet turn what the practical significance with the seizure until KaZaA is ", suit KaZaA within one persverklaring.

The uitwisseldienst zegt who they through the sooner verdict forced their bedrijfsactiviteiten worldwide within terminate , after which they their substantial sections of a company has gone.

This is being otherwise too through the Garden approved : " job- may turn who they for this purpose not would be are promoted in case they the within their might had worn other wise the verdict with the chairman within suffice " This stand for who Buma one verdict has geëxecuteerd who not valid is legt Alberdingk Thijm out of. " within theory is Buma thus responsible until the sale versus one lower worth then the reverse the case would be one's "

It is yet not understandable whether yonder vervolgstappen versus the auteursrechtenorganisatie will turn taken. Buma / Vote wish yet not inhoudelijk worn the verdict respond. " we will the verdict yet study ", thus one spokesman.

RIAA sues Microsoft over illegal music sharing

[CaptainPhong]

LOS ANGELES (Reuters) - On March 28th, the RIAA filed suit in Federal court demanding an injunction against software giant Microsoft for alleged distribution of software which allows the copying of music and other protected recordings.

An unnamed RIAA source tells Reuters "Shockingly, the ability to copy these files is built right into their Windows(tm) operating system!"

Though Microsoft claims the "built-in" programs have legitimate uses, the RIAA has doubts. "Really, what other use could there possibly be for programs like 'copy' and 'xcopy'. I mean, the one has 'x' in the name! It must be designed purely for stealing our profits."

The recording industry contends that it's not simply the ability to copy and listen to music that makes this software dangerous, but the fact that it is so easy for any pirate to do. "They can just drag and drop the files onto a disk and give them to their friends. They even have software which allows people to listen to music. If they simply insert a CD they purchased into their CD-ROM drive, Windows will play it automatically. It does this without charging the user or providing us with any personal information."

Our source even claimed that the software in question allows sharing over a network or the Internet. "Another apparent 'feature' of this operating system is the ability to share files over a network. They even make software available that allows users to create and host Internet sites where files can be downloaded by anyone in the world. These 'ftp sites' and 'web sites' are clearly meant only to violate our copyrights."

Microsoft contends that they have no control over their user's actions. "We are very serious about piracy, and do all we can to protect ourselves against it. However, the RIAA is going about it all wrong. They should really consider product bundling - it's been quite sucessful in protecting and expanding our own monopoly, it would surely work for theirs."

In an unrelated story...

[Lonath]

The Senate today declared war on the Netherlands with the Hon. Fritz Hollings leading the charge. He summed it up like this "It is now clear that the Netherlands has become a haven for pirates, just as the Barbary coast was over 200 years ago when we sent the Marines in to learn 'em a lesson. They have now joined the Axis of Evil since pirates are terrorists, and will pay the ultimate price for their terrorism."

Sen. Hollings was later admitted to the hospital complaining of back pain after attempting to lift a giant sack of money that mysteriously appeared in front of his office door during the vote.