Professur said:That's what the lawers try to do to you.
Mirlyn said:
outside looking in said:Standard Kazaa is free for download off of their site. Out of curiosity, what makes it "authorized" or "unauthorized?"
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.AnomalousEntity said:Obviously its not whether somthing has to be paid for in order to be downloaded....if that were the standard...the RIAA wouldnt have a leg to stand on!
outside looking in said: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.
http://www.kazaa.com/us/terms.htmKazaa's EULA said:3.2 Except as expressly permitted in this Licence, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.
I would think one could argue that the EULA is tied to the network as well, so the use of the network in any way could be considered acceptance of the EULA. If thats the case.....rock on.2 What You Can't Do Under This Licence
You agree not to use the Software to:
...
2.11 Monitor traffic or make search requests in order to accumulate information about individual users;
2.12 "Stalk" or otherwise harass another;
...
2.14 Collect or store personal data about other users.