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Kazaa Sues Record Labels

Posted by simoniker on from the litigation-fun-for-everyone dept.

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."

23 of 528 comments (clear)

  1. Suddenly by keesh · · Score: 5, Funny

    I wish I was a lawyer, not an engineer...

    1. Re:Suddenly by SatanicPuppy · · Score: 5, Insightful

      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.
    2. Re:Suddenly by queequeg1 · · Score: 5, Funny

      Way offtopic, but something to think about if you consider becoming an attorney . . .

      Every once in awhile I run into someone who graduated from law school and, for some unknown reason decided to take up writing, or start a new business, or something else that has nothing to do with law. Despite my favorable experiences practicing law for the past six years, whenever I run into one of these people, I have this disturbing feeling that I'm talking to someone who managed to resist a great and horrible temptation and do something meaningful and worthwhile with their lives. I'm not quite sure what to make of this. The closest analogy (because we lawyers only think in analogies) is that it is like those moments of lucidity that senile elderly people sometimes have, when they suddenly remember everything and don't demonstrate the symptoms of memory loss. Perhaps I'm remembering that I once had a well anchored perception of common sense, decency, and respect for my fellow man.

      oh well, gotta get back to writing that brief.

    3. Re:Suddenly by Paradise+Pete · · Score: 5, Funny
      I have this disturbing feeling that I'm talking to someone who managed to resist a great and horrible temptation and do something meaningful and worthwhile with their lives.

      Here we have a sentence which can be parsed as either saying practicing law is a bad thing, or not practicing law is a bad thing. Clearly you are a great lawyer.

  2. RIAA != Gov by TwistedSquare · · Score: 5, Insightful
    I know that a lot of the general public confused the RIAA with the Government in recent lawsuits brought about by the RIAA and this is an interesting case where the RIAA are shown the difference... I imagine an investigating Government body could have ignored Kazaa's terms or got a "search warrant" equivalent.

    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.

  3. grant them amnesty by civilengineer · · Score: 5, Funny

    if they promise not make any more CDs

    --

    New year Resolution: Don't change sig this year
  4. In other news by bobbabemagnet · · Score: 5, Funny

    Kazaa recently withdrew their suit after they realized they were suing a 60 year old woman with an iMac. This follows the current trend of trying to give a random old lady a heart attack.

  5. It's about time... by Kujah · · Score: 5, Interesting

    ... that Kazaa started fighting back. I knew those tactics that the RIAA was using (clients that messed up the network, clients that introducted viruses, etc) were on the border of legality - 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...

  6. Re:Legality by satyap · · Score: 5, Insightful

    Heck, no, individuals don't have enough money to have rights.

  7. A Solution from the Dark Side by Henry+V+.009 · · Score: 5, Insightful

    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.

  8. Re:Legality by HuffMeister · · Score: 5, Informative

    There's some weird language in the DMCA that enables the RIAA to directly subpoena suspected infringers' information from their ISP. Supposedly, it only takes a court clerk signature... Not even a judge has to review the subpoena...

  9. Well how about me? by _Sexy_Pants_ · · Score: 5, Funny

    I want in on the action! Who can I sue!?

    --
    Look it's a joke about my sig IN MY SIG! LOL!
  10. Imagine... by dtrent · · Score: 5, Interesting

    ...AOL sued *you* for accessing their network with Gaim.

  11. Self Service? by tarquin_fim_bim · · Score: 5, Insightful

    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?

  12. case, no case by Spetiam · · Score: 5, Interesting

    i wonder if previous settlements can be overturned if it's proven that RIAA used illegal means to track offenders. after all, incriminating evidence is regularly thrown out of the criminal courts if it was obtained by unlawful search and seizure, through illegal wire taps, botched confessions, etc.

  13. HEHEH DMCA by Anonymous Coward · · Score: 5, Funny

    They should encrypt the Kazaa network and sue the RIAA for DMCA violations...

  14. KazaaLite License Agreement by kUnGf00m45t3r · · Score: 5, Insightful

    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!

  15. My fave quote by smoondog · · Score: 5, Funny

    The Recording Industry Association of America called Sharman's "newfound admiration for the importance of copyright law" ironic and "self-serving."

    And to that Kazaa replied that the RIAA's newfound disrespect for the legal system ironic and self-serving.

    -Sean

  16. unfortunately ... yes. by telstar · · Score: 5, Insightful

    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.

    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 ... 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.

  17. *Warning* - you may not use this Product or.. by The+Revolutionary · · Score: 5, Interesting

    ...Service if you are a copyright holder of infringing works traded with our Product or Service, if you are a law enforcement officer active in a jurisdiction which recognizes this copyright, or if your use of our Product or Service will otherwise lead to charges of infringement against any of our Users.

    If you do not agree to these terms then you must immediately terminate use of our Service and must destroy all copies of our Product or face prosecution to the fullest extent of the law.

    Do you agree to these terms? Yes[ ] No [ ]

    --

    .sig Realistic fines for copyright in

  18. Even if Kazaa loses, this could be good by lannocc · · Score: 5, Insightful

    If Kazaa loses, wouldn't this set precedent that stupid Software License Agreements are not enforceable?

    --
    -IOVAR Web Dev Platform
  19. Comment removed by account_deleted · · Score: 5, Funny

    Comment removed based on user account deletion

  20. Sue me hoes! by t_allardyce · · Score: 5, Funny

    Great now il get sued by Kazaa for using Kazaa Lite, and the RIAA for copy-right theft and SunnComm for circumnavigation. Does anyone else want in? Come round to mine for super-hot coffee burns and violent video games!

    (Good thing i dont live in America)

    Disclaimer: This post is not a legal confession.

    --
    This comment does not represent the views or opinions of the user.