Kazaa Case Back In Court

from the and-no-one's-happy dept

Back in September, an Australian Court ruled against Kazaa parent company Sharman, in ruling that was immediately appealed. There were some interesting legal questions raised by rulings, but (of course) the recording industry immediately declared it to be a huge victory. Now the case is back in court and there’s some indication that the recording industry isn’t quite as thrilled as it once was. Unlike the rhetoric coming from the industry, this wasn’t a complete victory for the recording industry at all. The court ordered Kazaa to put in place completely useless filters and to encourage people that it was in their best interest to download the newest, crippled version of Kazaa — something most users understood they didn’t want to do. At the same time, Sharman cut of Australian downloads of the product, suggesting that was the best they could do at the time. The Australian recording industry responded angrily that this was actually “thumbing its nose” at the ruling — but it seems like a good faith effort to do whatever they could to abide by the ruling. It seems the fact that they’re still around has upset the industry to no end as they (whoops) apparently believed their own rhetoric about the original ruling being the end of Kazaa.

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Comments on “Kazaa Case Back In Court”

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Oingo says:


Power to the people, keep on downloading free music, suck RIAA clean!

There is always Limewire and Bear Share if Kazaa goes down. And after that there is always going to be something else, people just dont switch from free to pay that quick. Its been over 10 years since MP3’s were swapped and all copy protecions failed.

All I got to say is, if its created by a human, it can be cracked by a human, if created by a computer, it can be cracked by a computer.. everything is made to be broken.

Its time to break RIAA

Gomorrah says:

Re: Re: Re: Kazaa

I googled it, and have found that the standard contract is usually 6 or 7 percent. With ALOT of rules and regulations on this. Rather then gt into the details, here is a link that encompasses many of the basic forms of the recording contract.


Now one thing to keep in mind, mot bands that sign recording contracts are not in a good bargaining position.They need the record company, and the record company knows this.

I go to concerts, I buy merchandise at the concerts. I do this because I know the band will be recieving a large amount of the money I spend on these items. I am not going to pay 20 dollars for a cd when the band only gets maybe 2 dollars tops off of this.

Anonymous Coward says:

Re: Re: Kazaa

“So, you believe its ok for people to steal other peoples work do you. And I suppose you have never created anything worth selling in your life that you wouldn’t be happy about if people just stole it instead of paying the rightful royalties on…

Its theft, plain and simple.”

the problem with that is the RIAA doesn’t give anything to the artist that created those works. if the RIAA was removed or at least forced to give an equal share to the artist, i’d be less inclined to download free music. i’d also be more inclined to purchase music online if it didn’t come with crippling copyright protection that interferes with doing legal acts with what i purchased.

also, what kazaa and all those applications do is a completely legal service. they should not be held for the illegal actions performed with them. unless you think gun companies should be held liable for crimes commited with guns…

Username says:

Re: Re: Kazaa

Are you talking also about the theft of the airwaves through payola crimes ?
Or how about theft of your money through price fixing crimes ?
Or what about the illegal use of rootkits and other illegal viruses put into CDs and downloads and relabeled as “protection”.
Why are you an apologists for a crime
organization called RIAA ?
If those bands are running with criminals in order to achieve wealth they deserve nothing at all.
The RIAA is not capitalist ,
they are anti-capitalist.
They don’t want to compete , they want to control.
And they do it through criminal behavior.

Anonymous Coward says:

Re: Re: Kazaa

>> steal other peoples work do you.

It’s called copying and sharing.
I might consider it to bad or something, if the market was fair. It’s just filled with Monopolies and trusts, fuck that. Time for civil disobediance.
However for me it takes more time than it’s worth, I buy used. I’ll start behaving when they do.

Alex says:

Re: Re: Kazaa

It’s interesting how the definition of “theft” has changed over the years. If I take your car it’s theft, that’s something that the definition covers, but when you download a song and share it with others, suddenly it’s being labeled as the same thing.

If I were to share my car with whoever passed by, I doubt anyone would call it theft. Neither would it be called theft if someone were to make an exact copy of it and drive off without my ever knowing it.

A theft means the owner doesn’t have it anymore.

The only thing this whole suit is for is controlling how and when people hear songs that are made.

As I recall, radio stations were never allowed to play music when it was introduced for the same argument. Now it is obvious that sharing music is the best way to advertise to a larger audience and get more people to buy what you have.

Trying to keep music locked up is just a fool’s attempt at controlling the masses.

The whole purpose of making music is to reach others, not exclude them.

emichan says:

Re: Re: Kazaa

So, you believe its ok for people to steal other peoples work do you. And I suppose you have never created anything worth selling in your life that you wouldn’t be happy about if people just stole it instead of paying the rightful royalties on…

Actually… the Supreme Court ruled YEARS ago that copyright infringement is NOT the same as theft…

so there 😛

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