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Kazaa Sues Record Labels
dannyp writes "CNN is reporting that Kazaa is suing the record companies, claiming that they used an illegal client to log in to the P2P network - an interesting twist." The lawsuit also claims "...efforts to combat piracy on Kazaa violated terms for using the network."
This is probably a futile move. But yet I can't stop grinning thinking about someone standing up to those people for once. DirecTV being sued as well.....I think perhaps people are tired of being pushed around. That and Kazza stands to lose money.
But the RIAA have no such powers... Oh except the ones where they can buy really expensive lawyers and win the case anyway. Yeah, those are handy.
Heck, no, individuals don't have enough money to have rights.
I have always felt that a P2P network could protect itself by requiring in a license to use said network that no users will use the service to collect IP addresses. In that case they could go after the RIAA for either theft of network services or even DMCA abuse for using an illegal client.
This would not protect network users if law enforcement were to request valid subpoenas for the job, but it would stop non-law enforcement bodies like the RIAA from doing what they are doing now.
This is using our enemies methods against them, which makes it sweet.
Does KaZaA really have the financial resources to launch a successful legal attack on the RIAA? I mean, the media conglomerates are rolling in dough. I've never really understood KaZaA's business model and find it hard to believe that they stand a chance. Regardless of merit, the RIAA have got to have some killer lawyers.
Much as I'd like to see KaZaA fight back, I just don't see this being a fair fight. I suspect KaZaA will withdraw their legal challenge pretty soon.
GMD
watch this
The article seems to imply that this came as a complete surprise to the RIAA. Talk about an organization that can dish it out, but not take it. They were (allegedly) using unlicensed software. Oh jeez, I'm shocked!
Then again, its kinda like those "stupid news" stories about the burgler sueing the owners of the house he broke into, because the stairs weren't up to code, causing him to trip and break an arm.
Children in the backseats don't cause accidents. Accidents in the back seats cause children.
If using Kazaa Lite on their network is illegal, I'm sure anybody using mlDonkey/giFT to connect to Kazaa could be in trouble, hypothetically.
The Recording Industry Association of America called Sharman's "newfound admiration for the importance of copyright law" ironic and "self-serving."
I must have missunderstood the purpose of copyright, if it isn't self-serving, what is it for?
If you actually read the KazaaLite license agreement, it specifically states that using the product is illegal (I would install just so I could get the exact wording but I'm at work and would rather not lose my job). I guess the RIAA neglected to read it before installing... Haha!
I swear to God it's like 1984-esque Newspeak. Think one thing. OK, now think the other.
Kazaa sues Google because of Kazaa Lite! Kazaa evil!
Kazaa sues recording industry because they improperly accessed the network! Kazaa good!
Somebody please give me a chart or visual reference for when Kazaa is bad and when the RIAA is bad.
(Alternatively, it's fun to see two evil corporations duking it out, because either way a badguy's going to lose. But that's just my inner optimist.)
We recently had heard in the office over one of the Yellow Machine that's made by Anthology Solutions.
I wasn't accessing AOL network for any reason other than to chat. The RIAA accesses KaZaA with intent to crapflood, spread a virus or 2, and spy on KaZaA users. There is a difference..
man I'd love to wake up one morning to discover both of them blew up in a puff of legal arguments...
No RIAA means no more BS from the record industry.
No Kazaa means my network will be FREE OF CRAP (well except for Windows worms and stuff).
Here's hopin'.
The Verizon case found that the RIAA has the right to get the identities of users who they allege are violating copyright laws by sharing copyrighted music.
... and if the RIAA didn't have more lawyers than quality musicians, the person could do the country a world of good by suing the RIAA.
This finding is still being appealed by Verizon, and Congress is discussing whether this should be allowed to continue. Where the RIAA should get in trouble is with the recent subponea issued for the wrong person. They essentially deprived this person of their right to privacy by wrongfully requesting that the person's ISP reveal their identity. This was in clear violation of their rights
Problem is, they didn't click on the Kazaa EULA; they used a reverse-engineered version of Kazaa. Nevertheless, it appears the DMCA may apply here. Companies attempting to protect their copyrights should not be allowed to violate the copyrights of others.
"Freedom means freedom for everybody" -- Dick Cheney
If Kazaa wins, could this mean that all "evidence" presented against people that they have been illegally sharing copyrighted music must be thrown out?
Heh. I wish I was a lawyer AND an Engineer. You know the first person who's going to be able to both make a rational argument in court AND understand what the hell he's talking about is going to make a mint.
ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
And it's about time!
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
I'm rooting for Kazaa just like everyone else on this one, but seriously... this stands about as much chance as the old FTP servers I used to frequent that displayed a banner claiming "If you are a member of a government agency, including law enforcement, you must disconnect now."
----- sXe
Warez sites with such a "license" don't exempt themselves from prosecution. It's just some idiotic ploy someone thought up long ago.
There's a big difference between government authorities prosecuting someone who is breaking the law, and a private organization violating one law to see if someone else is breaking another.
If I flagrantly violate the Windows EULA by decompiling, reverse engineering, benchmarking, and doing who-knows-what else to it, could I then absolve myself of this by telling them, "I just did it to see if you guys were up to anything illegal"?
This case is interesting because it pits one private organizations's pseudo-law-enforcement powers against another's ability to make up whatever terms of service they feel like. Whether the RIAA or EULAs get taken down a notch by this, the public stand to win.
If Kazaa loses, wouldn't this set precedent that stupid Software License Agreements are not enforceable?
-IOVAR Web Dev Platform
Are you kidding? There's no way in hell kazaa is more important than telivision. People use kazaa to download things that they don't want to pay for. Most of these things have no political or sociological significance (Britney for Prez!). The T.V. on the other hand tells people who to vote for (the liberal of course, unless it's the pro media-consolidation republican), where to spend their money, how they should feel about the war, why they should report their suspicious neighbor to America's Most Wanted, etc...
In short, Kazaa is a popular source for mp3s and video. The Television is the ONLY source of news (biased as it may be) for the majority of the population.
They who would give up an essential liberty for temporary security, deserve neither liberty nor security
Because in fact using somebody's network without permission is regarded as criminal tresspass! Kazaa should be filing supoena's to the RIAA to get the identities of the people who trespassed on their network (at the behest of the RIAA) so they can file criminal charges against them... and by the way, doesn't hiring somebody to break the law constitute racketeering? Does RICO apply here?
"Freedom means freedom for everybody" -- Dick Cheney
I doubt the courts will rule in Kazaa's favor. Imagine the precedent, provide a way for massive piracy and by means of a "Terms of Services" restrict the legal beneficiaries of the pirated material from having access to see what and who is pirating, and you very quickly our IP system will crumble.
Yeah yeah, I know, File sharing networks have legitimate uses, too. But 90% of them aren't being used "ligitimately".
Thanks,
Leabre
Actaully I heard some people get their news from these arcane inscriptions on wood pulp, I belive its called a "newspaper."
" I had almost forgotten that Kazaa (unlike gnutella) is a privately owned network... or protocol... or something. Kudos to Kazaa... now if they only got rid of their spyware..."
Hooray for proprietary proto.... hey... put the pitchforks down.
"Derp de derp."
They stopped making CDs... they started to make cup holders that break Macs and Car CD Players, etc.
^_^
Is it just me or is there too much litigation going on these days? It seems that no company can be sued without countersuing, and then a million think tanks have to write position papers on all this shit. When it comes down to it, people on both sides are exploiting weaknesses in our legal code. The only difference is we sympathize with Kazaa because they are 'on our side'. RIAA claims that we infringe on their copyrights by downloading music, and we do; Kazaa says the RIAA violates their network terms of use, and they do. Why can't they call it a draw and go home? ~UltraSkuzzi Will companies go back to innovating, instead of litigating?
~UltraSkuzzi
This comment is liscensed by SCO.
Are we now all hoping that EULAs are enforceable? Nonono! This is the exact opposite standpoint the Slashdot public claims to hold. Don't make a 180 on the principle just because it could serve you well here. Kazaa better lose this case or all our souls are belong to them after the next click-through license you see.
oh my god no! This isn't how the system works. My Political Science teacher used this _exact_ same example. 51% of the population could never enslave the other 49%. First off, on this perticular issue, you'd have to pass a constitutional amendment voiding another one (Thirteenth Amendment - Slavery And Involuntary Servitude), which would require two thirds to pass! Second, we have minority rights. Which are vigorously fought for by (strangely) the majority of the people. And to be the billionth person to bring up the issue, the last US presidential election proved that you can win a majority of the votes and still lose an election. "Checks and Balances." It's two chapters at least in any intro to gov class. When I first read your post I thought for sure you not a US citizen, but then I realized that your complete lack of fundimental understanding of how the United States government works meant that you are a US citizen. My guess is, you're in the midwest somewhere.
Yeah, the Iraqi people had the right to bear arms and overthrew Saddam very quickly. Oh, wait ...
When has force of arms ever led to the respect of minority rights legislatively in the United States?
In a few years when this is all over /. should compile the stories of p2p vs. riaa into a book. No author could write something so twisted and crazy as this.
-Tim Louden
Tell that to the palestenians.
War is necrophilia.
In the U.S.A., at least, it hasn't happened with marijuana yet.
The difference between file sharing and home taping is largely one of scale and centralization. Home taping is by nature a small scale, decentralized activity. I borrow an LP from my brother, tape it, that's the end of it. If someone tried to open a "home taping center" where any and all could come browse thousands of record collections and make cassette dupes, leaving behind a paper trail of their activities, you would quickly find out just how "decriminalized" home taping was.
It Is the Nature of Information to Transgress Artificial Boundaries