Kazaa to Sue Movie, Record Companies 269
darwin writes "According to a (brief) story at yahoo, Sherman Networks (A.K.A Kazaa) just got the go ahead to sue the studios and record companies for copyright infringement. '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.'"
What is infringing? (Score:3, Informative)
Does anyone have any idea what part of Sherman's IP was redistributed?
I dont get why it's "copyright infringement". (Score:5, Informative)
This article has a lot more info (Score:5, Informative)
From the Mercury News article... (Score:5, Informative)
Sharman said the companies used Kazaa Lite, an ad-less replica of its software, to get onto the network, and that they violated its own software's license agreement by sending warning messages to people on its network."
There's the answer; the RIAA/MPAA used an _illegally modified_ version of Kazaa Media Desktop in order to connect to the network. When you install Kazaa Lite (not saying that I have, despite what's copy/pasted next), it states:
"Please note that installing this software is ILLEGAL and is in violation of the Kazaa Media Desktop Terms of Use. If you do, however, install the software contained in this package, you agree to take ALL responsibility for your actions."
In this case, it's a big-ass lawsuit against you. The RIAA/MPAA violated the Sharman Networks EULA for Kazaa, and as such, opened themselves to legal action.
Ironic, isn't it?
(And to think that they could have used dummy machines to get around the Cydoor, P2P networking, and Gator that was in Kazaa...)
At least Sharman has a leg up ... (Score:3, Informative)
Re:I dont get why it's "copyright infringement". (Score:4, Informative)
A Better Article, Some Clarification (Score:5, Informative)
Re:This is like (Score:1, Informative)
Re:I dont get why it's "copyright infringement". (Score:3, Informative)
Not true. Remember that any validity in EULAs comes from the ruling that installing and running software both involve making copies, so permission from the copyright holder is required. If that precedent had not been set, groups like the BSA would have no legal support.
Re:Grandstanding... (Score:3, Informative)
And the latest version was released a couple of weeks ago. Didn't stay dead for long.
Re:I hope the RIAA wins. No Troll (Score:3, Informative)
Wait... (Score:2, Informative)
IPs to sue:
145.34.75.2
216.45.35.43
192.168.1.45...
Re:Don't be so quick to bash EULA's (Score:4, Informative)
The GPL applies to distribution rights.
EULA's apply to use rights.
Finding one invalid has no implications for the other.
Re:They'll never win... (Score:2, Informative)
Sherman Networds sue the RIAA violating the EULA by connecting to their network using unathorized software. Sherman also sues the RIAA for actively limiting the ability to share any content, even those that the RIAA has no interest or that Sherman has copyright clearence.
I would say the RIAA has vague lawsuit. After all, the RIAA did commit certain acts, while Sherman merely provided a tool.
Re:They'll never win... (Score:2, Informative)