Slashdot Mirror

← Back to Stories (view on slashdot.org)

Kazaa Trial In Australia Underway

Posted by Hemos on from the attacking-on-all-fronts dept.

wadiwood writes "Five record companies are suing the makers of Kazaa. Sharman (moved to vanuatu in Feb 2004) say they are not responsible for what their users do with the software. Personally I don't get what Sony is doing selling MP3 players for all your "favourite tunes" and then selling music which they say you are not allowed to copy to their MP3 players, but that's another story."

6 of 177 comments (clear)

  1. More info here .. by macaulay805 · · Score: 5, Informative

    There is more info here: Afterdawn.com

  2. "I don't get what Sony is doing..." by Anita+Coney · · Score: 4, Informative

    In the US it is perfectly legal to rip purchased CDs into MP3 format for non-commerical use.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:"I don't get what Sony is doing..." by mark-t · · Score: 4, Informative
      Actually it is still perfectly legal, regardless of what manufacturers and publishers might think or even want.

      Read the text of the DMCA carefully. Pay particularly attention to section 1201, subsection c (Sorry, I don't have a link handy). There is a specific exemption in it that says that it shall not infringe on fair use.

      So really, the only time the DMCA can be applied to someone is when they were breaking the law already anyways (even if the DMCA weren't law), which makes the DMCA redundant at best, and a waste of everyone's time at worst.

      --
      File under 'M' for 'Manic ranting'
    2. Re:"I don't get what Sony is doing..." by debest · · Score: 4, Informative

      Actually it is still perfectly legal, regardless of what manufacturers and publishers might think or even want.

      Read the text of the DMCA carefully. Pay particularly attention to section 1201, subsection c (Sorry, I don't have a link handy). There is a specific exemption in it that says that it shall not infringe on fair use.

      This is essentially correct.

      So really, the only time the DMCA can be applied to someone is when they were breaking the law already anyways (even if the DMCA weren't law), which makes the DMCA redundant at best, and a waste of everyone's time at worst.

      Incorrect.

      The DMCA does not restrict fair use of any copyrighted materials: you may legally bypass any DRM in your way and make non-commercial copies to your heart's content. BUT, the DMCA also makes it (civilly and criminally) illegal to distribute "circumvention devices", free software or otherwise.

      Essentially, you can break the DRM, but you can't ever tell anyone how you did it. You can legally reclaim fair use only if you are technically saavy enough. This is why the EFF wants to mount a challenge to this act: it is a restriction on free speech.

      --
      Look at the tomato! Isn't it sad? He can't dance! Poor tomato!
  3. Re:Did you get permission to use that link? by aero2600-5 · · Score: 5, Informative

    "You must not link to any Sony Site without first obtaining the prior written consent of Sony and such consent must be signed by Sony's Director of Business Affairs to be valid."

    2600 Magazine has already taken this to court against Ford Motor Company and won. A website cannot legally prevent someone from linking to them. Here's a link to the article. The World Wide Web cannot exist in it's present form without the ability to link to anyone you choose. Take Slashdot as example. What if all the websites in these stories didn't want to be linked to? No more Slashdot.. Linking is the premise that the World Wide Web is built on.

    Aero

    --
    Please stop hurting America -- Jon Stewart
  4. Re:Kazaa LEGAL !! by gcaseye6677 · · Score: 4, Informative

    This is in Australia; Kazaa was found to be legal in the United States. Australian judges do not consider these rulings when a suit is filed in their court. The makers of Kazaa are still being sued on a regular basis even in the U.S. whenever the recording industry lawyers come up with a new idea for a suit.