AfterDawn: Tech news

Kazaa can be sued in States

Written by Petteri Pyyny (Google+) @ 13 Jan 2003 10:14 User comments (28)

Kazaa can be sued in States Los Angeles federal judge ruled on last week's Friday in a landmark decision that the owner of Kazaa, Sharman Networks, can be sued in the United States.
The ruling is a landmark that many, many countries and companies have been watching carefully, since with this decision United States basically applies its own law to foreign companies and possibly also to foreign individuals if the ruling is going to be used also against Sharman Networks' executives.

Sharman Networks claimed that it can't be sued in the U.S., because company is headquartered in Australia, registered in small island of Tuvalu and runs all of its servers outside U.S. However, the judge decided that since many of the Kazaa's users are Americans and that most of the movie studios and record labels who are sueing it are American, it can be sued in the U.S.

Now, because of this decision, Sharman Networks' case will be bundled with the other FastTrack companies' cases. In so-called "FastTrack case", the movie and music industries (MPAA and RIAA) have sued three software companies who distribute P2P clients that connect with FastTrack P2P network; Sharman Networks, Streamcast (which owns Morpheus that used to use FastTrack network, but doesn't use it anymore) and Grokster.


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28 user comments

113.1.2003 12:20

"dRD" ?? Howdy, stranger! :-) Who might *you* be (??) You must be a newbie around these parts. Welcome to AfterDawn! - I hope you enjoy your visit. You'll notice they have a really terrific software section in here - most notably the P to P section where you can enjoy all the fine wares hinted to above in the news article. I use WinMX all the time myself, obtained right from this site. Works like a charm! :-) Don't make a stranger of yourself, 'dRD', and be sure to visit our Fine Forums - we *love* to hear from all the newbies out there! -- Klingee --

213.1.2003 12:49

Ah, thank you, oh almighty Klingon. I enjoyed my first visit very much, thank you. I also noticed that some sarcastic administrator had set my user level as "Da Boss" just to make fun of me. But I can tolerate it, as long as I find out what those three-character acronyms such as VCD really mean. And it's a pleasure to visit Internet, I spent three horrible weeks without any digital human contact in -37 Celsius temperatures nearby the Artic Circle. Now it just rains, but this is UK, so...

Petteri Pyyny (pyyny@twitter)

313.1.2003 13:14

Oh no, kazaa can be sued. We're all trembling with fear of the glorious RIAA!

413.1.2003 21:22

How about if Sharman would just not show up at the trial, sticking to what theyve been saying? At the risk of sounding political and anti-america (which Im not), I have to say, Im a bit tired of having the United States police the world.

513.1.2003 22:40

Ghostdog: Yep, that's what we thought -- they just wouldn't show up in trial and if they would be found guilty, so what? US doesn't have any juridical rights in Australia and/or Tuvalu, so the court order would be meaningless (maybe US could freeze their possible American bank accounts, but that's pretty much it) since the case hasn't been tested in Australia or Tuvalu.

Petteri Pyyny (pyyny@twitter)

614.1.2003 3:31

I'd that's right if they don't show up for court, but one problem... If a member wishes to visit the US, then there could be problems upon entering. Unfortunately, American companies can still flood the P2P network with fake tracks. Try having a Look in the charts for a popular song and download it with the exact name. It will likely play like a bad record, although files with comments and extra words such as 'No skips', etc. don't seem to show problems yet (until the cover this loophole). For high bandwidth users, this isn't really a big issue, but it would a pain for the 56k user (like the majority). If downloaders are really what some experts think by 'try before you buy', then the Music Industries could expect a large fall in sales from now on. With albums costing a fortune, it really is worth listening to the songs first before agreeing on paying for it, since you only hear a few songs from an album on the radio.

714.1.2003 14:43

Perhaps Kazza should be sued for invasion of the privacy of their nearly 100,000,000 users, whose hard drives and web browsers they violate every day. Paul.

814.1.2003 15:04

And perhaps Paul should kindly let me know if he received his PM some long time ago with his personal dvdxcopy lifetime license numbers (as I have asked him to do both in public and in private), so that I may strike that particular number set off my list, and not give it to anyone else. Thank You. I got my New 98-version of DVDXCOPY! Yeah!!!!! (I've installed & registered it but haven't domne a backup yet.) (Sorry for the way-off topic, but you're a hard chap to get a hold of, Paul). -- Klingy --

915.1.2003 0:11

Oh My God, no welcome back Paul, from the frozen plains of Czech Republic? No, thank god you didn't break your legs skiing in the French Alps? There is not pleasing some people :-) Happy New Year Klingon, I wasn't aware of the public request, but I am very sorry for not confirming receipt, download and testing of DVDXCopy, which I think I actually quite a good program, but we are way off topic. Speak in the PM about that! And if I have not said so before - thanks for the help and the numbers, you are a top man (In England, that means you are cool!) 8-) Paul (Often away, but always thinking about video!)

1015.1.2003 0:56

Cool ! :) OK, so I can scratch (those) numbers off. I still have 4 sets left (for friends who would like dvdxcopy), and I won't inadvertantly re-give the same set out. I stubbed my widdle toe the other day -- not as traumatic as freezing in the czech republic perhaps, but I think dRD was up rubbing cold noses with the Eskimoes lately, and freezing as well, all of which I admit, has little to do with Kazaa. (I use WinMX - same diff.) -- Klingy --

1115.1.2003 8:16

Telling Kazaa to stop (their own business) is like telling North Korea to play ball! US Loses this one hands down. Frivolous on our part to meddle in others affairs. Rodgers

1220.1.2003 5:54

Win98 Is there a schedule release date when DVD X Copy will become available for Win98 (if ever)?


1320.1.2003 7:59

You may notice to the side of this 'article' a small list of options. One of them is called Forums. This (you may be amazed to discover) is where you can get appropriate advice on specific questions. This is obviously better than asking a dumb assed question whilst people are talking about something else. Rather like going into a coffee shop and ordering a hammer and a bag of nails. Paul.

1420.1.2003 8:19

Vtraudt - I believe 321 is working very hard to bring mainstream Win-98 support out to the folks ASAP. If I'm not mistaken, the regular, future version of dvdxcopy (outside of Platinum, which is another matter), will accomodate all current Windows versions (you won't have to get a separate version for your Win-98). Everyone will be able to use the same version. Right now, version 1.4 (win-98) is in beta testing stage. I am a beta tester and I can tell you, it is working *great*. It IS worth the wait because the program flat-out *works*, and I only answered your question in this Kazaa thread in order to tease Paul. :-) <hee-hee> -- Mike --

1520.1.2003 8:29

I tell you what, I am going to press to have you both banned. Especially you Klingy, you should know better. ;-D Paul.

1620.1.2003 8:46

I'm sorry, I'm sorry.....(can't help it), I'm just in a buggy mood today) :) Hammers & nails in a coffe shop - hee-hee-. Kool analogy Paul! <g> -- Mike --

1720.1.2003 9:02

I has more to do with the connection with coffins, which I think is rather pertinent. Nice to see you in a wierd frame of mind. I thought it was just me! Paul.

1825.6.2003 16:23

since kazaa is getting sue what should i do? do i get rid of it on my computer or just dont download anything from now on. O ya i wonder if i should worry about it in the first place since i live in canada. will it affect everyone in the world? eg. everyone everywhere getting sued for using kazaa. right now i need advice. please post or email me at

1926.6.2003 14:37

I think what I have on my computer is covered by the Privacy Act. An invasion of privacy apparently is prohibited by the Consititution. To sue me for what I have on my computer, just means that you have invaded my privacy by accessing my files to determine what I have. I might be wrong, but this will be tested, I am sure. In a 6 to 3 decision of the Supreme Court today, Gays in Texas was given their right to privacy. Could be some surprises in store for all of us. Regards to All, Dick Rodgers

2026.6.2003 15:26

Fellas you are relpying to 6month old posts!

2127.6.2003 14:04

hehe that was funny...

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2227.6.2003 21:44

The post might be six months old, but the issues are coming back to haunt us. For the first time ever, right on last night's local 6:00 supper-time news, comes a major P-to-P/Kazaa piece. (It's weird, but funny, to see people downloading music on my TV screen). The MPAA is going nuts. The MPAA IS nuts. Sue sue sue. They're going after the 'biggest offenders'. What's that mean? The sharers of the most .mp3 files? For now, I don't care. I still download.

2328.6.2003 2:59

Watch out for a new thread by me in the filesharing forums that i will post later, basically addressing privacy on p2p!

2429.6.2003 11:01

since kazaa is getting sue what should i do? do i get rid of it on my computer or just dont download anything from now on.
Personally, I feel that Kazaa itself isnt illegal, but you can use Kazaa to break the law. Then again you dont have to use Kazaa for illegal doings. So, if you dont download copyrighted material, youre not doing anything wrong. Right?

2512.9.2003 18:08

Does anyone else notice how There only sueing defensles people? They wouldnt dare go after someone that could afford a lawyer, they might lose some money that way!

Corporate Evil Runs America!!!!

2613.9.2003 5:52

AS Nationalistic as I am, there is no way America can tell Australia how to run their business. These judges seem to have taken the "law" into their own hands and are trying to be judge and jury. How pious can they be. If I was Kazaa I would ignore all attempts to be sued and not answer to any authority other than their own. They should not put themselves in defensively. Just ignoring courts that have no jurisdiction should get their message across. Best to All! Rodgers

275.10.2003 19:49

Old thread, but I think it appropriate. Kazaa sueing RIAA Sharman Networks, the company behind the Kazaa file-sharing software, filed a federal lawsuit Monday, accusing the movie studios and the Recording Industry of America of using "Kazaa Lite," a replica of its software without advertising, to get onto the network. Sharman claims its copyright was violated because Kazaa Lite is an unauthorized version of its free software. Once on the network, the companies offered bogus versions of copyright music and movies and then sent online messages to users warning them they were breaking the law. Sharman claims those moves violated terms for using its network. The RIAA, which has battled the widespread sharing of music, called Sharman's "newfound admiration for the importance of copyright law" ironic and "self-serving."

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Chipmod (yeah it's a clone, but it's working so far)

286.10.2003 5:21

Good Move Kazaa...bust their cookies. RIAA think they own the world and can snoop and invade privacy without any recourse. Go get 'em. Best to All! Rodgers

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