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Kazaa to Sue Movie, Record Companies

Posted by CowboyNeal on from the tables-turned dept.

darwin writes "According to a (brief) story at yahoo, Sherman Networks (A.K.A Kazaa) just got the go ahead to sue the studios and record companies for copyright infringement. 'Studios and record companies had asked the court to throw out Sharman's countersuit, but U.S. District Judge Stephen Wilson in Los Angeles declined to do so.'"

15 of 269 comments (clear)

  1. What is infringing? by Anonymous Coward · · Score: 3, Informative

    They are suing for copyright infringement. The article is sparse on details.

    Does anyone have any idea what part of Sherman's IP was redistributed?

  2. I dont get why it's "copyright infringement". by Dr+Reducto · · Score: 4, Informative

    I RTFA, but I don't see how what the RIAA did is copyright infringement. Putting fake files on a network is not copyright infringement, it just decreases the S/N ratio.

    1. Re:I dont get why it's "copyright infringement". by stubear · · Score: 3, Informative
      From another article"
      "Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network, and that they violated its own software's license agreement by sending warning messages to people on its network."/blockquote
      The only copyright violation would be by the developers of KazaaLite, not the RIAA and at best there is only a license violation here. Interestingly enough, if the RIAA loses this would strengthen the use of EULAs to protect software. But no, license violations are not necessarily copyright violations and in this case specifically.
    2. Re:I dont get why it's "copyright infringement". by Doctor7 · · Score: 2, Informative
      The only copyright violation would be by the developers of KazaaLite

      Not true. Remember that any validity in EULAs comes from the ruling that installing and running software both involve making copies, so permission from the copyright holder is required. If that precedent had not been set, groups like the BSA would have no legal support.

  3. This article has a lot more info by hether · · Score: 5, Informative

    Judge OKs file-sharing software maker's bid to sue entertainment companies

    --

    Most people would die sooner than think; in fact, they do.
  4. From the Mercury News article... by Tuxedo+Jack · · Score: 5, Informative

    "Sharman Networks, the company behind the Kazaa file-sharing software, filed a federal lawsuit in September accusing the entertainment companies of using unauthorized versions of its software in their efforts to snoop out users who were downloading copyright music files from others on the network.

    Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network, and that they violated its own software's license agreement by sending warning messages to people on its network."

    There's the answer; the RIAA/MPAA used an _illegally modified_ version of Kazaa Media Desktop in order to connect to the network. When you install Kazaa Lite (not saying that I have, despite what's copy/pasted next), it states:

    "Please note that installing this software is ILLEGAL and is in violation of the Kazaa Media Desktop Terms of Use. If you do, however, install the software contained in this package, you agree to take ALL responsibility for your actions."

    In this case, it's a big-ass lawsuit against you. The RIAA/MPAA violated the Sharman Networks EULA for Kazaa, and as such, opened themselves to legal action.

    Ironic, isn't it?

    (And to think that they could have used dummy machines to get around the Cydoor, P2P networking, and Gator that was in Kazaa...)

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
  5. At least Sharman has a leg up ... by calmdude · · Score: 3, Informative

    Sharman Networks is headquartered in the island nation of Vanuatu, which has several advantages.

  6. A Better Article, Some Clarification by LittleVito · · Score: 5, Informative

    This article has way more details than the parent post. Sharman is suing because the RIAA used Kazaa Lite, an illegal replica of Kazaa without the ads, and for violating the license agreement by sending warnings to Kazaa users. Unlike the Recording and Movie industries, which allege that Kazaa is illegal because it could be used as a tool in copyright infringement, Sharman is alleging that the RIAA is using software which directly violates copyrights. Kazaa Lite explicitly states in the license agreement that it is illegal.

  7. Re:This is like by Anonymous Coward · · Score: 1, Informative

    "It is better to keep your mouth shut and appear stupid than to open it and remove all doubt." Mark Twain

  8. Re:Grandstanding... by Doctor7 · · Score: 2, Informative
    If memory serves me correctly, K-lite was killed a month or so ago.

    And the latest version was released a couple of weeks ago. Didn't stay dead for long.

  9. Re:I hope the RIAA wins. No Troll by ScrewMaster · · Score: 2, Informative

    True, but this would set an interesting precedent, perhaps making such licenses more difficult to enforce in the future. And American law is heavily based upon precedent.

    --
    The higher the technology, the sharper that two-edged sword.
  10. Wait... by Geldon · · Score: 2, Informative

    The RIAA was using KaZaA Lite to access the KaZaA network? Do you think they installed the IP blocker software? They wouldn't want to end up sueing themselves on accident ;-)

    IPs to sue:

    145.34.75.2
    216.45.35.43
    192.168.1.45...

  11. Re:Don't be so quick to bash EULA's by Dan+Ost · · Score: 3, Informative

    No offense, but you are so wrong.

    The GPL applies to distribution rights.
    EULA's apply to use rights.

    Finding one invalid has no implications for the other.

    --

    *sigh* back to work...
  12. Re:They'll never win... by fermion · · Score: 2, Informative
    The RIAA sues unspecified users of certain IP addresses for exposes files who names are similiar to copyrighted materials and whose content may parially match said materials. They also sue sherman networke because thier product could be used to violate copyrights owned by the RIAA.

    Sherman Networds sue the RIAA violating the EULA by connecting to their network using unathorized software. Sherman also sues the RIAA for actively limiting the ability to share any content, even those that the RIAA has no interest or that Sherman has copyright clearence.

    I would say the RIAA has vague lawsuit. After all, the RIAA did commit certain acts, while Sherman merely provided a tool.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  13. Re:They'll never win... by Xerithane · · Score: 1, Informative

    Funny, I still use Kazaa Lite. I think you are talking out of your ass.

    --
    Dacels Jewelers can't be trusted.