Kazaa sues film and record industries - P2P-Zone

Wenchie · 29-01-03, 02:18 PM

Wires
January 29, 2003

THE owners of the Kazaa file-sharing network are suing the movie and recording industries, claiming that they don't understand the digital age and are monopolising entertainment.

Sharman Networks filed its counterclaim in response to a copyright-infringement lawsuit brought by several recording labels and movie studios. That lawsuit accuses Sharman of providing free access to copyright music and films to millions of internet users in the United States.

The latest filing came two weeks after US District Judge Stephen Wilson dismissed Sharman's claim that it could not be sued in the United States because it was based in Australia and incorporated in the South Pacific nation of Vanuatu.

Wilson had found Sharman subject to US copyright laws because it has substantial usage by Californians and its actions are alleged to contribute to commercial piracy within the United States.

Sharman's counterclaim alleges copyright misuse, monopolisation, and deceptive acts and practices.

"In seeking to simultaneously stop illegal copying and to maintain their dominant position in the distribution of musical and movie content, the industry plaintiffs have obscenely overreached," Sharman said.

It seeks a jury trial, damages, attorney fees and a permanent injunction against the entertainment industry so that it can't "enforce any of their United States copyrights against any person or entity."

Sharman said the entertainment companies are behind the times and don't realise that consumers need not buy CDs, DVDs or videotapes to enjoy music or films.

Sharman also claimed that movie studios "dominate and, when they act in concert, have monopoly power" for the after-market distribution of first-run major motion pictures. Likewise, the company said, recording labels "when they act in concert, have monopoly power in the distribution of recorded music."

Movie studios involved in the lawsuit include Metro-Goldwyn-Mayer Studios, Columbia Pictures Industries, Disney Enterprises and Paramount Pictures. The recording labels are BMG, EMI, Sony, Universal and Warner.

In a statement, the Recording Industry Association of America called Sharman's arguments "laughable."

"Sharman's claims are akin to the thief who plunders Fort Knox and then claims she's not responsible because Fort Knox declined to buy her second-rate security system," the RIAA said.

The case is one of the largest in the recent online copyright wars testing the international reach of US courts.

The Associated Press

TankGirl · 29-01-03, 05:01 PM

It has been a pleasure to follow the skilful evasive movements of the smart Kazaa folks. By keeping the copyright nazis busy and clueless they have bought plenty of precious time not only to themselves but also to the whole p2p movement. Now that a legal showdown seems unavoidable I wish them best of luck...

- tg

TankGirl · 31-01-03, 07:07 AM

from Slyck:

Quote:

While copyright holders laugh off Sharman's countersuit, the potential exists that the RIAA may never be able to disable the FastTrack network. In the current war of words between the two camps, Sharman has come out swinging.

Specifically, Sharman has stated that the plaintiffs (RIAA, MPAA) would have to argue before an Australian court before any US ruling can take effect. Considering that the case is projected to last at least 18 months, any additional hearing will only protract the case, perhaps until mid 2005.

"Before a US judgment can be enforced against any company in Australia -- the plaintiffs have to establish whether or not the US-courts have any jurisdiction in Australia," Sharman lawyer Roderick Dorman said. "In many respects this lawsuit represents a fool's errand."

Unlike Napster, Sharman is a profitable company that can sustain this legal battle. Win or lose, FastTrack is going to stick around for some time to come.

Mid 2005 sounds great to me... at that time there should be dozens of great decentralized alternatives for Kazaa even if FastTrack could somehow be closed...

- tg

SA_Dave · 31-01-03, 05:52 PM

Quote:

Originally posted by TankGirl
Mid 2005 sounds great to me... at that time there should be dozens of great decentralized alternatives for Kazaa even if FastTrack could somehow be closed...

- tg

Yes, sounds great to me too!

I'm hoping that FT will eventually fail, not in its technology, but via natural selection methods. You can't maintain a decentralised p2p network indefinitely, without the peers...

brute_force · 07-02-03, 10:53 AM

I love when they countersue. It reminds me of Lindows suing Microsoft for the "windows" trademark.

It must be great being a lawyer.

29-01-03, 02:18 PM	#1
Wenchie Salsera Join Date: Apr 2001 Location: Sunshine Coast , Australia Posts: 3,646	Kazaa sues film and record industries Wires January 29, 2003 THE owners of the Kazaa file-sharing network are suing the movie and recording industries, claiming that they don't understand the digital age and are monopolising entertainment. Sharman Networks filed its counterclaim in response to a copyright-infringement lawsuit brought by several recording labels and movie studios. That lawsuit accuses Sharman of providing free access to copyright music and films to millions of internet users in the United States. The latest filing came two weeks after US District Judge Stephen Wilson dismissed Sharman's claim that it could not be sued in the United States because it was based in Australia and incorporated in the South Pacific nation of Vanuatu. Wilson had found Sharman subject to US copyright laws because it has substantial usage by Californians and its actions are alleged to contribute to commercial piracy within the United States. Sharman's counterclaim alleges copyright misuse, monopolisation, and deceptive acts and practices. "In seeking to simultaneously stop illegal copying and to maintain their dominant position in the distribution of musical and movie content, the industry plaintiffs have obscenely overreached," Sharman said. It seeks a jury trial, damages, attorney fees and a permanent injunction against the entertainment industry so that it can't "enforce any of their United States copyrights against any person or entity." Sharman said the entertainment companies are behind the times and don't realise that consumers need not buy CDs, DVDs or videotapes to enjoy music or films. Sharman also claimed that movie studios "dominate and, when they act in concert, have monopoly power" for the after-market distribution of first-run major motion pictures. Likewise, the company said, recording labels "when they act in concert, have monopoly power in the distribution of recorded music." Movie studios involved in the lawsuit include Metro-Goldwyn-Mayer Studios, Columbia Pictures Industries, Disney Enterprises and Paramount Pictures. The recording labels are BMG, EMI, Sony, Universal and Warner. In a statement, the Recording Industry Association of America called Sharman's arguments "laughable." "Sharman's claims are akin to the thief who plunders Fort Knox and then claims she's not responsible because Fort Knox declined to buy her second-rate security system," the RIAA said. The case is one of the largest in the recent online copyright wars testing the international reach of US courts. The Associated Press

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29-01-03, 05:01 PM	#2
TankGirl Madame Comrade Join Date: May 2000 Location: Area 25 Posts: 5,587	It has been a pleasure to follow the skilful evasive movements of the smart Kazaa folks. By keeping the copyright nazis busy and clueless they have bought plenty of precious time not only to themselves but also to the whole p2p movement. Now that a legal showdown seems unavoidable I wish them best of luck... - tg

07-02-03, 10:53 AM	#5
brute_force 31337 Join Date: Feb 2003 Posts: 59	I love when they countersue. It reminds me of Lindows suing Microsoft for the "windows" trademark. It must be great being a lawyer.