Kazaa Owner Gets OK to Sue Movie, Record Companies
Posted by malebolgia on 24 January 2004 - 06:38 · 23 comments & 989 views
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(3 replies)
#1 Posted by supernova_00 on 24 Jan 2004 - 06:48
- sweeeeeeeet.
Anywayz i don't understand this line,
QUOTE "The court does not appear to want these claims to proceed at this point. If they ever proceed, Sharman will have a very difficult time providing evidence to support their allegations."
If the court does not appear to want the claims to proceed then why did the court say it was ok to sue them? Also, Sharman will have a very difficult time providing evidence to support their allegations. WTF RIAA have openly stated they used programs to access and obtain our IP address and info so wtf?
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#1.1 Posted by roadwarrior on 24 Jan 2004 - 11:21
- Read WHO that quote was from. It was from the RIAA representative. He was saying that the court did not appear to want *The RIAA's* claims to proceed.
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#1.2 Posted by JWilczek on 24 Jan 2004 - 18:56
- roadwarrior.... you need to read the quote again. That quote is the RIAA saying that it does not appear that the court wants *Sharman's* claims to proceed. Why else would the next line say that Sharman would have a difficult time if they ever proceeded?
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#1.3 Posted by roadwarrior on 25 Jan 2004 - 04:13
- I'm starting to think that quote was taken out of context, and there should have been more with it. I see what you mean about that. It really doesn't make much sense at all.
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(5 replies)
#2 Posted by MG-Cloud on 24 Jan 2004 - 06:54
- While their claims do seem a little farfetched, I wholeheartedly hope that they are successful - not only because I disagree with the RIAA's policies, but also because of the following scenario -
I am Canadian. I am legally entitled under the laws of my country to download mp3s from peer to peer networks such as kazaa. The RIAA is interfering with this right by polluting the networks with their corrupt files. This in my opinion is akin to cyber vandalism, or tampering of products in the cyberworld. What the RIAA has to realize is that p2p networks are international entities - and since every nation has its own copyright laws (god bless canada for its reasonable laws
), they are interfering with the legal rights of individuals in other nations.
I honestly wouldn't be surprised (but would be very very happy) if some sort of class-action suit were launched against the riaa for their actions. That would totally rock EDIT: before ppl decide to get anal, i am not a lawyer and have no idea as to whether or not this would be feasible. however, in an ideal world, it would be =)
Last edited by 37221 on 24 Jan 2004 - 07:00 -
#2.1 Posted by supernova_00 on 24 Jan 2004 - 06:58
QUOTE (#1.0) I honestly wouldn't be surprised (but would be very very happy) if some sort of class-action suit were launched against the riaa for their actions. That would totally rock
Need to get the EFF to help as out to get it going-
#2.2 Posted by xpablo on 24 Jan 2004 - 07:05
- Yes, As a Canadian it is my god given right too download music fro mKazaa and other P2P's so long as I purchase my blank CD's in Canada.
I think Me and my fellow canadian citezens should launch a class action lawsuit againt the RIAA, for interfearing and disrupting my right to do this.
And too be legitimate I only download music from IP address that are not assigned too anybody in Canada.
As it is still illegal for us to upload copyrighted material onto the internet.
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(5 replies)
#3 Posted by electic102 on 24 Jan 2004 - 07:31
- I hope kazaa fails. They can take their spyware infested, copyright infringing @ss and die.
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#3.2 Posted by acidsex on 24 Jan 2004 - 08:37
QUOTE (#3.0) I hope kazaa fails. They can take their spyware infested, copyright infringing @ss and die.
Ever choked on a apple after attempting to swallow it whole? Please, I urge you to give it a shot. It would be much quieter without you here.-
#3.3 Posted by ZTrang on 24 Jan 2004 - 23:02
- Just a REASONABLE rebuttal to electic102 (one that doesn't involve him/her dying):
Technically, Kazaa is not infringing any copyrights (as far as I know) by providing a large peer-to-peer music network. The real criminals here are the people putting copyrighted music on the networks.
Also, since these criminals can put up music illegally, the RIAA has every right to also put up fake music files, as long as they don't damage anybody's property. You shouldn't be downloading illegal music in the first place, and the RIAA isn't putting up corrupted copies off non-copyrighted music, so you shouldn't even care about what the RIAA is doing if you are obeying the law yourself.
Also, music companies have a right to protect their music in any country it is distributed in, so whoever wrote that thing about being in Canada doesn't have any excuse for downloading illegal music. You're still doing something wrong by stealing somebody else's work, no matter how over-priced or over-rated it is.
I support the RIAA's actions because they are only going after people doing something illegal. If you use Kazaa for one of its original intents, downloading music from up-and-coming artists wishing to make themselves known, you should never have a problem with the RIAA. If you are downloading illegal music, than I hope the RIAA catches you and punishes you to the full extent of the law, or at least inconveniences you and frustrates your efforts to download illegal music. -
#3.4 Posted by roadwarrior on 25 Jan 2004 - 04:17
QUOTE (#3.3) Also, music companies have a right to protect their music in any country it is distributed in, so whoever wrote that thing about being in Canada doesn't have any excuse for downloading illegal music. You're still doing something wrong by stealing somebody else's work, no matter how over-priced or over-rated it is.
You don't seem to have an understanding of the legal situation in Canada. In Canada, there is a tax imposed on recordable media *specifically* to cover the recording studios' losses to piracy. This law does give Canadians the right to download music if they wish, since they are paying the studios via taxes.-
#3.5 Posted by AJCrowley Esq on 25 Jan 2004 - 05:45
QUOTE (#3.3) whoever wrote that thing about being in Canada doesn't have any excuse for downloading illegal music. You're still doing something wrong by stealing somebody else's work, no matter how over-priced or over-rated it is.
Actually, no, you are completely wrong. First thing, we Canadians have EVERY excuse and RIGHT to download music from the internet. Under the laws of our country, there is nothing "illegal" about downloading, and therefore music obtained in this manner is not "illegal music". Due to taxes imposed on blank media, we're also not "stealing" anybody's work. The recording industry is compensated more than generously for music obtained in this manner, given that people using blank media even for purposes that wouldn't be illegal under the ridiculous laws of your country are paying money to the recording industry, just for the right to use a blank disc.
Next time, please attempt to get a clue before running your mouth and making a fool of yourself.
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(1 reply)
#4 Posted by mipra on 24 Jan 2004 - 07:59
- So, after poisoning us....they are gonna just turn their back? well..that's nice
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#4.1 Posted by roadwarrior on 24 Jan 2004 - 11:27
- Who are you talking about? Kazaa or the RIAA? What do you mean by "they are gonna just turn their back"? Kazaa is sueing the RIAA in support of their users.
Mipra, yet again, it seems that you are commenting without reading what you are commenting about.
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#5 Posted by Chadwick 08 on 24 Jan 2004 - 14:37
- i honestly dont care, anyone who truely still downloads music can find alternative and much better means to do it. THerefore you can still get your music and let kazaa put hte RIAA in its place.
If they suceed the RIAA will be forced to use its own software of some type to track, and that means that would have to do it through adware, which i dont think would be considered legal in the way they are using it.
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#6 Posted by SMG on 24 Jan 2004 - 14:54
- go Kazaa, put the recdord industry back into their place!
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#7 Posted by SpyCatcher on 24 Jan 2004 - 17:22
- I don't think the KAZAA will have a difficult time proving their case...afterall they are going to have nearly 10 million+ people providing them with unsolicited hard evidence.
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#8 Posted by lostspyder on 24 Jan 2004 - 20:40
- hahaha thats funny, i hope the sue the pants off record companys.
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#9 Posted by zerroeffect on 25 Jan 2004 - 22:34
- Are there taxes on movies in Canada as well? How about the access to free, hardcore porn or worse? What about the musicians that don't participate in the RIAA's policies? What about those who don't buy blank CDs? Sounds like a scape-goat to me. Or a loophole as it's sometimes referred to.
The point is that the RIAA is persuing this the wrong way, but Kazaa is also horribly unchecked in all realms of the media it offers. They both need to back off and re-sctructure IMO.
Canada sounds like it has a good idea on taxing the CDs and such, but really, why hasn't the RIAA taken this into account for the US? We're already paying such a high price for CDs and CDRs here. Why not justify that by calling the extra a tax (we know some or most of the money goes to them anyway) and leaving everyone with crappy Kazaa alone? Hmmmm....
Just thoughts. No research taken into account, so don't flame me, please.
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. Sharman, headquartered on the island nation of Vanuatu in the South Pacific, said it would pursue the case. A spokesman for the Recording Industry Association of America said, "The court does not appear to want these claims to proceed at this point. If they ever proceed, Sharman will have a very difficult time providing evidence to support their allegations."
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