Kazaa fights back: sues record industry

outside looking in said:
The RIAA apparently didn't break any copyright laws in their use of Kazaa, but instead it is a case of license dispute. If the RIAA didn't have to modify the software to get it to do what it already naturally does, can Kazaa put restrictions on using all the abilities of the software?
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True. From how the article reads, it seems Kazaa is simply saying "Hey, you didn't use our official software, instead you used an illegitimate client to access our networks." I would assume then that the above is true; the EULA does stretch to the network as well. You have to agree to Sharman's EULA whether you use Sharman software or not.
CNN Story said:
Once the industry determined a downloaded song file was a copyright work, they issued subpoenas to Internet access providers to find out who was behind the account used to log onto the file-sharing network.
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I wonder if by ruling that the RIAA did violate EULA directly, could this be considered criminal? I also am thinking the RIAA might try "the ends justify the means" for an argument towards this. Sharman is not based in the US, making this an international issue in the eyes of the law. I hope this case doesn't get settled out of court....I hope there is a direct ruling. If so, it could set precedent to future cases.
 
outside looking in said:
Well that doesn't make any sense. Kazaa standard version is available free from Kazaa on Kazaa's website. Now, if Metallica posted mp3's available on Metallica's website free for download directly from them, you might have some kind of analogy. Just because songs are available "somewhere" free for download doesn't make that the same as the rightful owner making it free for download.

If you can't see that difference, there's no hope for you ever seeing music piracy as wrong.


I'd like to know what it is that makes their version/use of Kazaa "unauthorized," whether that is from using Kazaa lite, modifying the software, or something else. I agree, this is certainly going to be an interesting legal case, assuming Kazaa has a legitimate claim. It won't make any of the music piraters any less guilty of breaking the law, but it might make the evidence the RIAA has gathered thus far inadmissable in court.
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Yeap that does make sense. If memory serves, some folks got in trouble fron the NFL for broadcasting a play off on a big screen at some type of local sporting event.....

The legality of it makes sense....but from a COMMON SENSE perspective....why the hell sue for airing somthing that is already being freely aired by the NFL.

Im mean crap...they get their money for the rating and advertisers right? The same damm commercials you could see at home you could see there.

And for christs sake...none of the viewers would have paid to watch it had they been at home either!!

I dont really understand how you could give something away free...and then get pissed off because someone else was giving it away free also.

Whats the argument there..."Hey...you cut int to my zero profit margin??" And the answer would be..."no problem, Ill cut you a check for $0.00" :D

Again, this still goes back to the idea of music being braodcast from a radio. I could, and often used to.....tape stuff off of the radio onto cassette tape and make custom tapes all the time.

I dont remember anyone getting sued for this. And its not that hard.

All you need is a dual tape deck and just record the top 40, or what ever hour of the day you want to sample. Then re-record in the order you want it.
 
The issue of tape recording radio broadcasts was settled in court decades ago under the commonly cited "fair use" rulings. It's legal to do this, though the broadcast industry/recording industry certainly resisted back then, though they eventually lost.

Those rulings didn't cover perfect digital duplication. It is not legal to do that, nor do I think it should be. The generational losses in analog duplication act as a natural restriction on the number of copies that can be made; also the physical medium required to make a duplication acts as a restriction to pirating. Remove those two restrictions, and the courts' "fair use" rulings are no longer valid, as two of the key conditions they cited when making that ruling are no longer satisfied. It's a different animal.
 
outside looking in said:
The issue of tape recording radio broadcasts was settled in court decades ago under the commonly cited "fair use" rulings. It's legal to do this, though the broadcast industry/recording industry certainly resisted back then, though they eventually lost.

Those rulings didn't cover perfect digital duplication. It is not legal to do that, nor do I think it should be. The generational losses in analog duplication act as a natural restriction on the number of copies that can be made; also the physical medium required to make a duplication acts as a restriction to pirating. Remove those two restrictions, and the courts' "fair use" rulings are no longer valid, as two of the key conditions they cited when making that ruling are no longer satisfied. It's a different animal.
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Yes but in the "low fidelity" era, a duped tape "sounded just as good".

The difference between a bought tape and a copied one was not near the difference between a bought CD and a bought tape.

err. The folks listening to dupped tapes were just as satisfied as the folks listening to down loaded music.
 
And you still had to buy blank tapes, and get a buddy's tape, and take the time to make a duplication. All in all, much more trouble than pressing a button in Kazaa and getting thousands of song at your fingertips.

I suppose there is nothing I can say though that will change your mind. Somehow, all these theives really didn't steal anything, right? The RIAA are the real crooks, right?
 
outside looking in said:
And you still had to buy blank tapes, and get a buddy's tape, and take the time to make a duplication. All in all, much more trouble than pressing a button in Kazaa and getting thousands of song at your fingertips.

I suppose there is nothing I can say though that will change your mind. Somehow, all these theives really didn't steal anything, right? The RIAA are the real crooks, right?
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I wouldnt go that far. I was just commenting that at the time, copying tapes SEEMED just as satisfying....

My point is also meant to underscore the litigious (I know I cant spell for shit) nature of our society now days....we go to court every time somebody farts wrong....
 
I'm suing you for saying fart on a public forum!
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You own the rights to fart????

And you still had to buy blank tapes, and get a buddy's tape, and take the time to make a duplication. All in all, much more trouble than pressing a button in Kazaa and getting thousands of song at your fingertips.
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You know that part of the money you paid for blank tapes (and cassette decks for that matter) went to th RIAA, don't you?
I think that the entire industry is changing, And rather than trying to cling to an outdated business model, the RIAA needs to adapt or it will die. You can't put the djinn back in the bottle.
 
Well, if Bose can patent technology that's 80 years old and common knowledge, I can own the rights to farting, can't I? :)

And yes, I knew the RIAA received royalty payments on blank media. They still do on some, which is why it's technically illegal to use your RIAA approved standalone CDR machine with CD-R/data discs, and legal to do the same with the more expensive CD-R/music discs. It's also how mp3 devices like the Rio are legal - a royalty payment to the RIAA.

And yes, I recognize that the market place is a constantly evolving animal, especially in the technology sector, and success in the past or present is no guarantee of success in the future. The RIAA will have to adapt to new technologies and changing consumer demands, or risk suffering serious losses.

I don't see how any of that justifies mass theft though. Do you?
 
Im going to jump sides a bit here and acknowledge where your coming from.

But, I think their response is being handled completely inappropriately, and is way over blown.

Its like going after a shop lifter with an ICBM if you ask me.
 
Well if they didn't want us to make copies of records, why do we have cd rewritters available? it's like shutting the stable door after the horse has bolted! but the record industry has got to learn that the public will go for the cheapest option were there is one. So downloads are here to stay, as they can't do much to prevent it! So good luck to Kazaa!
 
Well, the way has just been cleared for the demise of the single CD over here. It's just been agreed that sales of downloaded songs from official sites like HMV will count towards the various chart positions. As sales of CD singles have been steadliy declining since the early nineties soon they will no longer be financially viable and will only be sold as downloads through those sites.

Personally, I rarely buy singles so I won't miss them.
 
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