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Kazaa Trial In Australia Underway

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."

20 of 177 comments (clear)

  1. First Post by tarunthegreat2 · · Score: 1, Insightful

    Yea, Sony is a little mysterious that way! One would think it could recoup some music losses thru its hardware sales. W00T!

  2. Oh... by Jeffery · · Score: 2, Insightful

    you mean that a corporation is greedy and realizes that they can make more money by screwing over as many people as they can? wow... as for kazaa, it's very obvious that most P2P networks are there solely to get illegal stuff (music, movies, etc), but proving it in court will be a totally different matter.

    --
    President Bush Supporter
    1. Re:Oh... by Anonymous Coward · · Score: 1, Insightful

      The difference between p2p and a computer virus is that p2p networks are capable of significant non-infringing uses, whereas a computer virus just causes damage. If estimations are correct, and three billion files are being shared per month on Kazaa, even if 90% of those files infringe on someone's copyright, that still leaves 300,000,000 non-infringing files. That's quite significant.

  3. Sigh. Is the idea of licensing so hard to grasp? by mumblestheclown · · Score: 3, Insightful
    "and then selling music which they say you are not allowed to copy to their MP3 players"

    This would seem to be inconsistent.. unless, you know, you actually took a moment to think about it.

    Sony has some online music service where they do not allow you (vis a vis the linked to licensing agreemnet) to copy the songs to other players. Fine. If you dont like that, DONT USE THE SERVICE. The consequences of this licensing proviso has been factored in to the "supply and demand" equation for the service offering.

    On the other hand, it has been shown that you are welcome to take your purchased sony CD-ROMs and make Mp3s for them for your personal use on your sony MP3 players or whatnot. It has been pretty much universally acknowledged that as long as its for your own personal use, this is a privilege that you get with your physical CD purchase and this has likewise been "supply / demanded" in to the price offering.

    Why is it so hard to understand that one company might offer two different levels of service / product at different prices?

  4. In answer to the Sony question... by Anonymous Coward · · Score: 5, Insightful

    Two different departments/subsidiaries/legal companies often have competing interests with competing executives...the old ignorant left hand problem. It's impossible for a large corp to be consistant accross all entities since they have competing interests at various times and are run by different people. Add in your average dose of corporate politics and general large company ineptness and it's shocking that any company of any consequence at all doesn't contradict itself daily.

    As for the rest of it...it's just a fight for the few remaining profits in a changing industry. Once there's no profit left in the standard model or there is more in the digital music distribution models Sony and everyone else will adapt to the new environment. If you want it to happen faster don't buy any music. If you're comfortable with the general level of silliness proceed...either way it's only a matter of time be for the distribution of artistic media changes dramatically.

  5. Re:"I don't get what Sony is doing..." by theparanoidcynic · · Score: 5, Insightful

    Yes, but it's not legal to circumvent the DRM on the discs to rip them . . . . .

    --
    Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
  6. Same Old, Same Old by Zephiris · · Score: 0, Insightful

    This sort of argument gets very tiresome across the years. It's the gun's fault when someone shoots their neighbor. It's the car's fault when a wife drives over their husband. It's the alcohol's fault when someone shoots themself. It's the marijuana's fault when you sadistically abuse people.

    CornNUTS! It's pure fluff.

    People who "incorrectly" use a product are liable, not the makers.
    On a side note, sales typically go up as the trend of piracy does. Why settle for MP3s when you can hear it on MP3 first, then go and get the CD which has the harder-to-find songs, plus sounds better to boot? Or at least, when you can afford it? Some of us can't from time to time, but plan to when we can.

    There's nothing neater than when that little CD spins up, and U2's "Staring At The Sun" (or otherwise your favorite song..) knocks ALL of the stuff off of your walls and shelves.

    --

    "A Goddess rarely smiles for she is forced by others to be an island unto herself." - Zephiris
  7. The statistics of being sued... by dep01 · · Score: 5, Insightful

    Wow.. 100 million people use Kazaa.. I think they've put suits out against approx. 4,000 people now? What percentage of 100 million is 4,000? 00.004%? Yeesh. How unlucky do you have to be to be sued by the RIAA? *cringes*

    --
    "hey, could you pass me a paper towel? er.. I mean... DEPLOY ABSORBTION PANEL!"
    1. Re:The statistics of being sued... by Wylfing · · Score: 4, Insightful
      How unlucky do you have to be to be sued by the RIAA?

      Lawsuits are only filed after other thresholds have been met. While I am not privy to all the mechanics of it [1], your chances of being "tagged" by the RIAA in one of their databases as a filesharing IP are quite high. If your IP shows up a lot, you'll make it into a verification stage. If they can verify that you're distributing their stuff, then the lawsuit appears. So the 0.004% of users is just how many have made it into the final, verified stage of (probably massive) copyright infringement. There may be 5-10% who are in process of being verified, or who have not uploaded a sufficient quantity yet to warrant a lawsuit but who are being watched while they do.

      [1] Not so long ago I received a friendly note from my ISP that I was being observed (and the ISP was receiving DMCA threats). I got a pretty good look at what was going on that way.

      --
      Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
    2. Re:The statistics of being sued... by Apathetic1 · · Score: 2, Insightful

      So the 0.004% of users is just how many have made it into the final, verified stage of (probably massive) copyright infringement. There may be 5-10% who are in process of being verified, or who have not uploaded a sufficient quantity yet to warrant a lawsuit but who are being watched while they do.

      And yet they still somehow managed to tag somebody who doesn't have a computer capable of running Kazaa. Good job, music industry.

      --

      My username does not make me Apathetic. It's irony, get it?

  8. Shaman and Sony by DJCF · · Score: 3, Insightful
    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."

    Ok, what the hell does that have to do with the stated news article about suing Shaman Networks? More news, less uninformed opinion please? Nah - too much to ask.

    1. Re:Shaman and Sony by mejesster · · Score: 2, Insightful

      It's two stories really... As for the labels suing Sharman, there is precedent to protect Sharman (although we hear Australian copyright law may be different? How different?) and far more importantly, any decision against Sharman in Australian courts lacks the ability to gain compliance. As for Sony, their online music service and their new hardware product are both lagging far behind. I hope both fail.

      --
      MacroHard - Boning you in a big way! (TM)
  9. Re:"I don't get what Sony is doing..." by Anonymous Coward · · Score: 1, Insightful

    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."

    It's pretty simple, isnt' it? Not all your favorite tunes are from Sony; thus, you can pirate the songs from other labels, but not from Sony. Sony gets to sell more players than ATRAC3 players alone (ka-ching!) and still gets to prevent people from copying their music (ka-ching!).

    It's all about money!

  10. What I dont get.. by bludstone · · Score: 2, Insightful

    Is that if they claim billions of dollars lost from piracy, then why are these losses not spelled out in their tax forms?

    --

    no .sig
  11. Sigh. Is the idea of parity so hard to grasp by quintessencesluglord · · Score: 3, Insightful

    Forever time with this "If you don't like it, don't buy it" argument.

    No. If they don't like it, they don't have to sell it. I am tired of being an unpaid enforcer of their policies. Fact of the mater is they are introducing a product with an immature technology for protecting their interests. So they impose upon mine. Licensing be damned: I don't tell them how to spend the money used to purchase their product, so quit telling me how to use the product. If you don't like what I am going to do with a product, perhaps you shouldn't have sold it to me. Why should the onus be strictly upon me?

    I have to imagine basic piracy is also factored into the equation of their product offering (as well as buying off members of congress to pass legislation favorable to them). And for all the rampart piracy, they still continue to bring products to the market (albeit in crippled form). The terms of the licensing is just a means for them to keep collecting revenue while crying foul all-the-while. If I stopped payment on a check until they agreed to all of my terms of use, I doubt you'd be as sympathetic.

    EULAs, Steam, RIAAA; perhaps they should have researched to whom they are selling to instead of taking the money and bitching about it afterwards.

    1. Re:Sigh. Is the idea of parity so hard to grasp by Arker · · Score: 3, Insightful

      While I agree that that post wasn't as clear as it might have been, it made some good points.

      If they don't like it, they don't have to sell it.

      Makes zero logical sense.

      Makes great sense, actually. What he's saying is that they can't have their cake and eat it too. They want to sell things - they want our money - but then they don't want to accept all the consequences of that sale. When you say, "if you don't like it, you don't have to buy it" you're certainly making no more sense than this poster was when he reversed it on you and said "if they don't like it, then they don't have to sell it."

      The rest of your responses (Hooked on phonics for instance) really come off as being quite trollish, I must say. If an argument is "old and busted" fine, but it's not readily apparent that it is, and you need to back that assessment up with some sort of argument if you want it to be taken seriously.

      --
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      Friends don't let friends enable ecmascript.
  12. Re:"I don't get what Sony is doing..." by Yartrebo · · Score: 4, Insightful

    That exception doesn't extend to the provisions against distributing software to get around said copy restriction software. It might be legal to use DeCSS for fair use, but it's illegal to give it to others or receive if from others.

    This kind of makes the fair use exception of the DMCA useless.

  13. Re:"I don't get what Sony is doing..." by tambo · · Score: 4, Insightful
    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.

    The DMCA is contradictory on this point. It does state that it won't be construed to change fair use concepts. But it also states, quite clearly, that copyright measures cannot be circumvented. It's not clear which section controls. One would hope the rules of statutory construction (particularly, a bias toward non-contradictory interpretation) would favor the former - i.e., implicitly, one may break copyright enforcement measures in furtherance of fair use - but this is not at all clear.

    Also: The DMCA criminalizes some activity that isn't fair use, but that must fairly be permitted. For instance, reverse-engineering for commercial purposes is not typically regarded as fair use, but has been tolerated in the interest of market competition. Lexmark comes to mind here, in its attempt to assert the DMCA against a company that reverse-engineered its printer hardware in order to produce non-Lexmark-branded (and infinitely cheaper) toner cartridges. Of course, Lexmark lost that suit, but the ruling was quite limited to the field of access/lockout codes.

    - David Stein

    --
    Computer over. Virus = very yes.
  14. The only way to make these lawsuits legit... by halcyon1234 · · Score: 2, Insightful

    ... would be if they ALSO sued the US Postal Service . How many bootlegged Metallica tracks did they aid and abet?

  15. Re:"I don't get what Sony is doing..." by mark-t · · Score: 2, Insightful

    Yeah... "technically savvy enough". That's such a hugely grey area that it's not even funny. Indeed, the DMCA is basically trying to prohibit anyone from sharing any information or technology which could make anyone else "technically savvy enough" to do so, which basically means that they better start outlawing computer science classes in University.