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Kazaa Going to Court

msim writes "According to the The Sydney Morning Herald" Kazaa will be going to court after their appeal to the Federal Court was dismissed. The case will be going ahead on March 23rd"

34 of 252 comments (clear)

  1. Say cheese! by garcia · · Score: 5, Funny

    "It's time for Kazaa to stop using delaying tactics and face the music."

    Oh please! Enough with the cheesy quotes already! It's almost as bad as the RIAA saying "Oops I did it again" after attempting to sue yet another innocent victim.

    1. Re:Say cheese! by LostCluster · · Score: 5, Funny

      Worst yet are the ones who plead guilty by saying "I'm not that innocent!"

    2. Re:Say cheese! by Anonymous Coward · · Score: 3, Funny

      "Sue me baby one more time!"

      Oh yeah! /tengo nada.

    3. Re:Say cheese! by dlosey · · Score: 5, Funny

      Oh please! Enough with the cheesy quotes already! It's almost as bad as the RIAA saying "Oops I did it again" after attempting to sue yet another innocent victim.

      Instead they act like Micheal Jackson and go after 12 year old boys.

    4. Re:Say cheese! by EmagGeek · · Score: 5, Funny

      Believe me, having to face any kind of new music these days is punishment enough...

      "I hereby sentence you, Kazaa, to an eternity of having Britney Spears blasted into your ears"

      AAAAAAHHHHH!!!!!!

    5. Re:Say cheese! by Dashing+Leech · · Score: 4, Insightful

      Kinda like CD-R manufacturers are making no attempt to curb illegal activities using their products. Or car manufacturers. Or gun manufacturers. Or knife manufacturers. Or chainsaw manufacturers. Or computer manufacturers. Or ... oh, I give up. How about all manufacturers of products that can be used for illegal activities, which is just about everything.

  2. So... by Savatte · · Score: 5, Funny

    will I be able to download the transcripts of these hearings on Kazaa?

    1. Re:So... by Deflagro · · Score: 5, Insightful

      You know that's not so much funny as it is interesting. They want to crack down on all this evil P2P stuff but, it CAN be used for legal means. I have a telephone but it doesn't mean I make prank calls all day long.

      I dunno, just liked the comment and have no mod points.

      --
      Der Tod ist der einzige Weg hier raus!
    2. Re:So... by turnstyle · · Score: 5, Interesting
      "They want to crack down on all this evil P2P stuff but, it CAN be used for legal means. I have a telephone but it doesn't mean I make prank calls all day long."

      Most cases so far have upheld the "don't blame the technology" view, and I would tend to agree.

      However, following your own analogy, do you think that you should be held liable if you did make prank calls all day long?

      --
      Here's what I do: Bitty Browser & Andromeda
    3. Re:So... by iminplaya · · Score: 4, Insightful

      ...do you think that you should be held liable if you did make prank calls all day long?

      Maybe the "prankster" should be, but not the telephone company for providing the technology.

      --
      What?
    4. Re:So... by Nurseman · · Score: 4, Insightful

      However, following your own analogy, do you think that you should be held liable if you did make prank calls all day long?
      but I think a better analogy is should the phone comany be held liable if the customer made prank calls ?

      --
      Save a Life. Donate Blood. Please.
    5. Re:So... by fireduck · · Score: 4, Insightful

      but I think a better analogy is should the phone comany be held liable if the customer made prank calls ?

      and following this analogy, if 99% of all calls were prank calls, should the phone company be required to do something about it?

  3. Going to Court? by Anonymous Coward · · Score: 5, Funny

    I thought they lived there.

  4. Weird by Pingular · · Score: 3, Informative

    You can no longer download Kazaa, but the network seems fine. You can still download songs etc...

    --

    When anger rises, think of the consequences.
    Confucius (551 BC - 479 BC)
    1. Re:Weird by millahtime · · Score: 3, Interesting

      It's a gnutella network. All the machines connect to each other rather than a central localtion. As long as a central server is up somewhere for a starting point then it will work. I do believe that it is almost impossible to take the gnutella network down.

    2. Re:Weird by FuzzyBad-Mofo · · Score: 5, Informative

      Kazaa does not use the Gnutella network, they use the FastTrack network. It is however similar to Gnutella, with no centralized server.

  5. Face the music? by Baldorg · · Score: 3, Insightful

    More like facing the Disk industry am I right?

  6. Prediction by Espectr0 · · Score: 3, Funny

    I predicted that kazaa would die in 2003, and though it didn't happen, we can be pretty sure that it will sooner or later.

    Perhaps we need a legitimate kazaa? An Itunes-alike that not only sells music, but also software?

    Sooner or later all file swapping will have to get around this

  7. Kids by kc0re · · Score: 5, Interesting

    I don't use Kazaa. I was one of the kids fined for downloading music off the internet, and guess what, I still am going to do it. In all seriousness.. I don't see how the RIAA can sue everyone, and besides for them to catch users of Kazaa, don't they have to use Kazaa themselves?

  8. Now taking bets: RIAA vs. KAZAA! by DR+SoB · · Score: 5, Funny

    If the RIAA makes it up to 10 lawsuits against providers of free downloadable music, my bookie is going to be pissed, he gave me 10-1 odds that it won't happen and I put $100 on the line! GO RIAA GO!!! (Yeah I know, that sounds evil, that's why I like it!)

    --
    Mod +5 Drunk
  9. Fighting in two fronts by GuyMannDude · · Score: 5, Interesting

    Federal Court Justice Murray Wilcox dismissed an application by the world's largest file sharing network to delay proceedings against it until a similar case in the United States was finalised.

    This has got to be kind of tough. So Kazaa has to defend themselves against two recording industry associations simultaneously? I wonder if there was any agreement between the RIAA and the Australian counterpart to hit Kazaa at the same time. Hopefully Kazaa can use some of the work for one case in the other but still that's not too much fun to have to fight a two-front war. That takes resources and I wonder if Kazaa has enough to hold their own.

    GMD

  10. Britney Spears blasted in my ears? by bad+enema · · Score: 5, Funny

    It'll certainly take an eternity to get all the silicon out of my eardrumes.

  11. Almost had the entire article up front by curtisk · · Score: 3, Funny

    Man the summary here is just a few lines short of the original article! One day this WILL happen and everyone who posts really would have RTFA!

    --

    Sehr geehrter Toilettenbenutzer!

  12. What's the Big Deal? by finny · · Score: 5, Funny

    Every Simpson's watcher knows that the most extreme punishment Austraila can dole out is "just a little kick in the bum"!

  13. Site slashdotted by Via_Patrino · · Score: 4, Informative

    Site already slashdotted, some other news about the same subject:
    Here and here

    PS: The second link is heavier and probably will go down soon.

  14. As Pepsi put it... by PeaceTank · · Score: 5, Interesting

    Even if kazaa goes down, there is no way in the world that they are going to eliminate p2p. They live in a world of red tape and formalities. We just find ways to go around the system, and therefore, we're always a step ahead of them. Networks start blocking ports in schools and offices, we simply change the port we get it through (at least that's what we do at our school in our dorms) The RIAA starts tracking p2p transactions, we set up massive networks based on ant behavior (e.g. MUTE p2p). They take down one major p2p client, we'll set up 10 more. I think Pepsi and iTunes got it right in their commericial... "We're going to keep downloading music for free whether you like it or not..."

  15. Copyright owners .. by BorgDrone · · Score: 5, Insightful
    "This represents a massive victory for the copyright owners," he said outside the court.

    And that's exactly the problem, the latest CD I bought says on the cover something like : Copyright(C) 2004 $RECORDLABEL instead of Copyright(C) 2004 $ARTIST.
    They are always babbling about the artist not getting paid bla bla, while their only concern is their own bank account.

    The fact is, tools like KaZaa have shown we don't need record companies anymore, and it has them scared shitless.
    Regarding the artists not getting paid and this whining about how it 'hurts' music: there is no need to pay them for download music, for several reasons.
    • Artists can earn money by performing (concerts and such), mp3's should be seen as advertising their trade. This happened all the time before the record companies stepped in, artists exchanged songs and travelled from city to city performing them in public, and getting paid for it.
    • If you're in it just for the money, I really don't want to hear your music anyway. Art should be created for the love of the art, not for monetary gain. Paying 'super stars' exorbitant amounts of money hasn't done their music any good. Look at the great artists from the past, Van Gogh didn't have a pot to piss in. What are rappers going to do ? Switch from music about 'the hood' and how hard life is on the street to singing about why it sucks to pay several million in income taxes ?
    • The only music that will die together with the record companies is 'produced' music. They won't be missed, really. My life would be just as complete without britney spears and the backstreet boys.
    1. Re:Copyright owners .. by shark72 · · Score: 3, Insightful

      "If you're in it just for the money, I really don't want to hear your music anyway. Art should be created for the love of the art, not for monetary gain. Paying 'super stars' exorbitant amounts of money hasn't done their music any good. Look at the great artists from the past, Van Gogh didn't have a pot to piss in."

      A couple of issues here.

      First, I don't think anybody can say with certainty that 100% of the music they love was created by people who had absolutely no monetary motivation. There is an important difference between being a musician solely for the money, and the chance of wealth being one of the reasons why you've pursued that career.

      If you can look at the highlights of your music collection and truly say "all of this great music would still be in my hands if the record companies did not exist," I'd like to see your record collection!

      I am well aware of the fact that for four years now, we have heard "P2P has made the record labels obsolete" or "P2P will make the record labels obsolete pretty soon." Just as in indie film circles it was claimed that the Internet would eliminate all the problems that plague traditional indie film distribution. Today, there are excellent resources for indie filmmakers and musicians to use the Internet and low-cost technology to record, mix, produce, distribute, promote, market and sell their work -- and many do -- but the record labels still continue to sign new bands. There are a lot musicians out there who desparately want a recording contract, but can't get one. Completely separate from the issue of choosing the chance at wealth vs. relative poverty, there is the issue that many musicians simply don't want and don't have the skills to run their career as a business. They'd really rather just focus on playing their music, and let the bean counters and the marketing, engineering and sales geeks at the record companies take care of the rest.

      As an adjunct to that, it's also been predicted for several years now that there would be a mass exodus from the record labels as major acts opted not to re-up their contracts and instead moved to a solely Internet-based distribution mechanism, where they would rely on the honor system and concert revenues to pay their mortgages. While I've seen some bands release additional material via the web, as well as some bands who went this route after they were dropped by their label, the popular opinion from musicians still seems to be that if you have a record contract, it's in your best intrest to keep it.

      The other issue is that you mentioned Van Gogh as an artist who created some great work despite living in poverty. But Shakespeare, Da Vinci, Michaelangelo, Mozart, Chopin, Brahms and innumerable other greats of the last millennium became wealthy men from their work. Reading the biographies of many of people shows that, yes, they were motivated by money. Sadly, greed is not a concept that was invented in the 20th century.

      --
      Sitting in my day care, the art is decopainted.
  16. Site already slow... full text of article by oldosadmin · · Score: 4, Informative

    Kazaa fails to stall copyright case

    March 4, 2004 - 6:05PM

    Internet music company Kazaa has failed in its attempt to delay proceedings for alleged copyright breaches brought by the Australian record industry.

    Federal Court Justice Murray Wilcox dismissed an application by the world's largest file sharing network to delay proceedings against it until a similar case in the United States was finalised.

    Music Industry Piracy Investigation (MIPI), which is owned by Universal, Festival Mushroom Records, EMI Music, Sony Music, Warner Music Australia and BMG Australia, raided 12 premises on February 6 this year to collect evidence against Kazaa. MIPI general manager Michael Speck said the decision to allow proceedings to go ahead against Sharman Networks, Kazaa's owner in Australia, was a win for the record industry.

    "This represents a massive victory for the copyright owners," he said outside the court.

    "It's time for Kazaa to stop using delaying tactics and face the music."

    The matter was adjourned until March 23.

    --
    Jay | http://oldos.org
  17. The Ballad of Kazaa by Eberlin · · Score: 3, Interesting

    A retelling of a story based on memory (which means some 'facts' may actually be wrong)

    Once there was a mighty napster whose technology allowed for swapping files. Due to poor insight, the technology also allowed users to be tracked -- Fanning be damned.

    Along came the peer to peer networks, with gnutella seeming to be the frontrunner. Then came the FastTrack network with Sharman in the back and the mighty Morpheus at the helm due to its ease of use and improved reliability.

    The Kazaa folks (Sharman) did not take kindly to Morpheus apparently not paying their bills or whatnot, and thus cut them off the network. Alarm bells should have immediately rung as anyone who has the power to cut clients off a network clearly cannot be "anonymously" peer-to-peer to begin with.

    Morpheus ran to the gnutella networks, gathering up Gnucleus code and branding it. By branding, of course, I mean the trend in p2p software of installing various products, some of which amount to adware and/or spyware.

    Kazaa touts itself the survivor, gathering up more Morpheus users than either bearshare or limewire or [insert gnutella client here].

    Kazaa seen as the filesharing client for the masses and now holds major scrutiny by the recording industry. More p2p networks pop up promising better anonymity.

    Lather, rinse, repeat.

  18. A musicians point of view. by polyp2000 · · Score: 4, Insightful

    Speaking from a musicians point of view, I cannot understand why the record companies havent used file-sharing , and other internet technologies. Every single illegally downloaded mp3, could be turned into a marketing advantage.
    Plus, it would give record companies a lot more control over content than they have now.

    MP3's should be treated like radio broadcasts, one should have to get a license in order to share the files. Its up to companies to find out how to generate the revenue streams, either charge for downloads, or provide other subscription based benefits that traditional P2P systems dont currently provide. All that is needed is a better product, and by that I dont mean better artists (but that wouldnt be a bad idea) I mean that they should provide a service that pisses all over everything else.

    My personal belief is that these days the way to make real money is through real physical products, not through arbitrary file formats such as ogg or mp3. Through not just CD sales, but from the T-Shirts, the posters, the ticket sales for gigs, subscriptions to fanzines etc.

    I am truly surprised that the record companies have not yet realised that instead of turning every 12yr old, boy-band lovin' girl downloading the latest cheesy pop number into a criminal. They should try concentrating on selling more Merchandise.

    Record companies should also realise that its the "Proper" bands, who write their own tunes, who innovate and create their own boundaries, that are the ones that are going to be more than a novelty or fad. They are also the ones who will sell more tickets for gigs, and at those gigs people will buy merchandise.

    Yep, and it wouldnt be a bad idea not to screw the real artists over when it comes to royalties either. And while im ranting, for gods sake, lets see the end of these dreadful "Pop-Idol" TV shows !

    On that note , If you want some free, legal MP3's from an original band.. Please click my sig and download at will, and please god! try not to slashdot my humble computer :)

    Nick ...

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  19. How the music industry might react by tkarr · · Score: 4, Interesting

    So, if Kazaa loses this... do you really think the music industry is going to get more CD buyers? Probably not. It seems to me that the reason most people even download music from Kazaa is because they want to see what other music is on a CD before they buy it. At least there are a few more alternatives now such as Apple's iTunes or some other internet sites. Maybe if the rest of the music industry would wake up and smell the modern age, there wouldn't have to be things like Kazaa to cause them to panic.

  20. What about porn by superpulpsicle · · Score: 4, Funny

    I am really tired of people trying to bring down Kazaa P2P since it allows people to download free music.

    I have NEVER heard people trying to bring down any P2P due to distributing too much porn.

    Why don't people come out of the closet to protect the porn industry.

  21. Interesting Coincidence by Iplaw-dc · · Score: 4, Interesting

    On 8 February 2004, in Washington D.C., Trade Minister Mark Vaile concluded an agreed text for the Australia-United States Free Trade Agreement with his US counterpart, Trade Representative Bob Zoellick. These means Australia will take on IP standards much like the US.

    --
    Jax