Judge Rules that Kazaa can be Sued

scubacuda writes "According to this News.com article, U.S. District Judge Stephen Wilson said a lawsuit against Sharman Networks (the makers of Kazaa) could proceed, since Kazaa software had been downloaded and used by millions of Californians. (The Australia-/Vanuatu-based company had filed a motion to dismiss the lawsuit, arguing it was not bound by U.S. laws since it did not have substantial contacts with California.)"

Comments

Not only that, but. . .

[kfg]

a EULA is a contract, not a law. Illegal terms cannot be rendered legal merely by contract.

EULA's are written *generically* to attempt to claim every term of contract that *might* be legal anywere.

Haven't you ever seen the term on generic legal documents "Void where prohibited"?

Just because it's in the EULA doesn't inherently mean it binds you, although the writers would like to *believe* that it does. Since most people do, it works.

Don't be afraid to dissent or even disregard terms of your EULA where you have the legal right to do so.

KFG

Don't we already have something like this?

[Exiler]

It's this little thing called Gnutella, works like a charm