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Kazaa to Sue Movie, Record Companies
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.'"
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.
Judge OKs file-sharing software maker's bid to sue entertainment companies
Most people would die sooner than think; in fact, they do.
"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!
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.