Dale Dietrich
on DaleDietrich.com
Random header image... Refresh for more!

Search Results for "kazaa"

RIAA P2P Defendant Brings Class Action Suit Against Kazaa Creator Sharman Networks

Categories: BigMedia v. P2P UsersCasesClass Actions

  Text of Amended Complaint (December 8, 2006)
Catherine Lewan, a defendant who settled with the RIAA in one of its many law suits, is now suing Sharman Networks, the creator of Kazaa.  The compliant alleges:

  • Sharman deceptively marketed Kazza as a product allowing "free downloads";
  • the software created a shared files folder (presumably creating the RIAA law-suit liability) without disclosing this to users;
  • the software it installed spyware 

Dale's Comment: This one reminds me a bit of the law suits against Starbucks a few years back where the plaintiffs claimed the coffee was too hot or the lawsuits against McDonalds claiming McDonalds was legally liable for their getting fat. Any user of P2P software knows how the software works and, indeed, can see it working. Files being shared in the shared folder are typically shown graphically in the P2P client's user interface as they are being shared. 

While I have little sympathy for the first claims, I do believe that most P2P users never knew that the quid-pro-quo for using the software was the installation of Spyware. Indeed, when a Spyware-free version of Kazza (Kazaa Lite) was distributed without Sharman's consent I seem to recall Sharman using efforts to shut it down.

Sources: Daily Tech | ars technica| Recording Industry v. The People | P2PNet | techdirt | TechWeb 

Related Kazaa Posts:

Digg! Digg Del.icio.us Comments Off 

P2P Download Defendant Argues Kazaa Settlement Covers Him (Greubel)

Categories: BigMedia v. P2P Users

Text of Greubel's Answer to RIAA Complaint

This is an intriguing and novel defense. In addition to David Greubel Argues that Kazaa's $100M+ Settlement with the music industry in July covers any copyright infringement he might have be involved with as a user of KaZaa. He is also arguing, as in the Lindor case, that $750 per song damages per downloaded song is excessive in light of the 70¢ per song lost revenue actually suffered by the recording industry.

Sources: Recording Industry v. The People |ars technica | P2PNet | TechDirt

Related Kazaa Posts:

Digg! Digg Del.icio.us 1 Comment 

Kazaa Settles for $100M+ and Goes ‘Legit’

Categories: BigMedia v P2P ProvidersSettlements

After many years of legal battles both in North America and Australia, Sharman Networks, the owners of the popular Kazaa peer-to-peer file sharing network, (owned by the founders of Skype) have settled with the international record labels (Universal, Sony BMG, EMI and Warner Music) for in excess of $100 million U.S. Sharman will distribute music through licensing arrangements and has agreed to filter out non-licensed content. Sharman had lost an important decision in the Federal Court of Australia in September 2005, but on February 20, 2006 had said they were going to appeal that decision. Under the settlement agreement, major record companies will be entitled to 20% of proceeds of eventual music sales through the system.

Sources: New York Times | L.A. Times | ARIA Press Release | Red Herring | ars technica | BBC | Daily Telegraph (Aus) | Herald Sun (Aus) | Slyck | SiliconValley.com | Xinhaunet (China) | San Jose Mercury News | Toronto Star | Seattle Times (AP) | VNUNet | Washington Times | CNet | ZDNet | PC World (Aus) | USA Today | Bloomberg

Related Kazaa Posts:

Related P2P Going 'Legit' Posts:

Digg! Digg Del.icio.us Comments Off 

Kazaa, Record Company Lawyers Ready for Australian Appeal

Categories: BigMedia v P2P ProvidersCases

The appeal follows the September 5, 2005 judgment, which was dubbed a “landmark” decision by both sides. The judgment guaranteed the continued operation of Kazaa, while the record companies saw the decision as striking at the heart of internet piracy. At the time, the record companies reportedly said they would not be appealing the decision.

Sources: The Register | Slyck | Smarthouse | MP3.com | P2PNet

Related Posts:

Digg! Digg Del.icio.us Comments Off 

Australian High Court Rules Against Kazaa

Categories: BigMedia v P2P ProvidersDecisions

Text of Decision (UMA v. Sharman)
The Federal Court of Australia decided on Monday that the Kazaa file-sharing network has authorized copyright infringement and must modify its technology to curtail infringing activities within two months. Providing authorization to infringe is a violation of Section 101 of the Australian Copyright Act and is somewhat similar to principles of secondary infringement in other copyright laws, such as vicarious infringement in US law.

Sources: DRM Watch | CNet | TechLawJournal | ZDNet

Related Posts:

Digg! Digg Del.icio.us 1 Comment 

Winners and Losers of 2006

Categories: FYI

P2PNet: Winners and Losers of 2006

This list is culled from this P2PNet article – which I recommend. Links below are to my coverage of some of these winners/losers stories: 

Winners:

  1. YouTube
  2. Apple
  3. MySpace
  4. BitTorrent and Azureus
  5. Pirate Bay
  6. Brittany Chan
  7. Creative
  8. DJ Danger Mouse
  9. SanDisk
  10. eMusic
  11. TiVo

Losers:

  1. Streamcast
  2. Echostar Communications
  3. Sharman Networks (Kazaa)
  4. AllofMP3.com
  5. Captain Copyright
  6. OLGA- Online Guitar Tabulature Archive
  7. Blu-Ray and HD-DVD
  8. Amazon Unbox
  9. Sony BMG
  10. DRM – Digital Rights Management

Digg! Digg Del.icio.us Comments Off 

StreamCast Loses District Court P2P File Sharing Case

Categories: BigMedia v P2P ProvidersDecisions

Text of Decision
In attempting to apply the Supreme Court's new "inducement" doctrine from MGM v. Grokster, District Judge Stephen V. Wilson, the same judge that in an earlier ruling had cleared StreamCast of infringement charges, found "…evidence of StreamCast's unlawful intent … overwhelming", held StreamCast liable for inducing Morpheus users to infringe on copyright and granted the plaintiffs summary judgment. Subject to any successful appeal, StreamCast is liable for up to $150,000 for each copyrighted song or movie shared with Morpheus which, of course, trends towards a damages value of $infinity! :)

The rather unclear Supreme Court doctrine of inducement requires a "clear expression or other affirmative steps" beyond mere distribution of P2P software to find infringement. Judge Wilson held that the test was met because: (i) Internal e-mails by StreamCast executives showed their awareness of users' infringements, they were eager to insure the supply of copyrighted content on the network, (iii) they implemented features that made it easier to infringe, and (iv) they failed to implement technology that could have deterred some infringements.

After MGM v. Grokster, Sharman Networks (Kazaa), Grokster, iMesh (Bearshare), eDonkey, Qtrax, Mashboxx and others settled. StreamCast was one of the few that decided to fight on. A StreamCast spokesperson said the company may appeal. LimeWire remains the only other large P2P Player still fighting on.

Sources: Ars Technica | EFF | New York Law Journal | Kathy Kirkman | L.A. Times | Chron.com (AP) | Daily Tech | MP3.com | Internet News | The Register | Slyck | Reuters | P2PNet | techdirt | Wired (AP) | cbc.ca | RIAA Press Release | DRM Watch

Related Posts:

Digg! Digg Del.icio.us 1 Comment 

eDonkey Settles for $30M and Shuts Down after Adverse Ruling

Categories: BigMedia v P2P ProvidersDecisionsSettlements

After a judge in New York's southern district ruled that eDonkey facilitated illegal activity by allowing users to swap copyrighted material over the eDonkey2000 network, MetaMachine Inc., the firm behind eDonkey, Overnet and their P2P variants, has agreed to cease distribution of their P2P software and to pay the RIAA $30 million to avoid a copyright infringement suit. The company also agreed to take measures to curtail file sharing by existing eDonkey and Overnet users. Despite the shutdown and settlement, existing users of eDonkey, and an open source version called eMule, will likely go on sharing files unabated. While BearShare, Kazza, Grokster and others have settled with the RIAA, Warez P2P, Limewire and Soulseek are examples of major P2P services that have not settled. The judge must approve the final terms of the eDonkey settlement.

Related Posts:

Sources: ars technica | CNet | San Jose Mercury news (AP) | MP3.com | Slyck | CDfreaks.com | PC World | Mac World | Playfuls | PC Pro | BetaNews | The Register | Syndey Morning Herald | DRM Watch

Digg! Digg Del.icio.us Comments Off 

iMesh Raises BearShare from the Dead and Takes it ‘Legit’

Categories: BigMedia v P2P ProvidersNew Business ModelsSettlements

Back on May 9 I reported that the Free Peers had settled with the RIAA for $30M, shut down its BearShare P2P service and sold the BearShare assets to iMesh owner Musiclab. As it turns out, like Kazza before it, iMesh is re-introducing a new version of Bearshare (version 6 – currently in beta). BearShare 6 includes a “ToGo” portable music subscription, compatible with Windows Plays for Sure portable music players, as well as social networking features. The service will not be compatible with iTunes, iPods or the forthcoming Zune service from Microsoft. Subscribers will have access to 15 million songs, including 2.5 million from major labels. It will start with a free 30-day beta trial and eventually start charging a monthly fee.

Sources: MP3.com | TechWeb | Business Wire | ZD Net | Reuters | iTnews Australia | P2P Weblog | BetaNews

Related P2P Going ‘Legit’ Posts:

Related iMesh/Bearshare Posts:

Digg! Digg Del.icio.us Comments Off 

Music Industry Sues Limewire

Categories: BigMedia v P2P Providers

Text of Complaint
Text of LimeWire’s Counter Claim
Like Napster, Kazaa, Grokster, Streamcast, Bearshare and others before it, the music industry has set its legal sights on LimeWire, a leading P2P content distribution service. In a suit filed in Manhattan federal court, the record companies accuse LimeWire of profiting from illicit downloads of their music, saying “the scope of the infringement is massive”. In the complaint they are accused of contributory copyright infringement, vicarious copyright infringement, and, uniquely, common law copyright infringement. In September of 2005, Limewire and other P2P software providers were served with cease and desist letters. Since then BearShare, eDonkey and WinMX all ceased operations as a result of the letter. LimeWire continued.

Sources: CNet | Slyck | L.A. Times (AP) | DRM Watch | ZDNet | Silicon.com | Afterdawn | CD Freaks | Reuters

Related Posts:

Digg! Digg Del.icio.us 1 Comment 

British ISP, Tiscali, Refuses BPI Request to Disconnect 17 Users

Categories: BigMedia v. P2P UsersCases

Morpheus’ Maker Streamcast Sues eBay over Right of First Refusal

Categories: AgreementsCases

Streamcast claims in a lawsuit filed Monday in the U.S. Central District Court in Los Angeles that Niklas Zennstrom and Janus Friis, the duo who developed the technology behind the company’s Kazaa and Skype, of breaking an agreement to give StreamCast the first right to purchase their FastTrack peer-to-peer protocol. StreamCast is seeking more than $4 billion in damages.

Sources:
CNet | USA Today (AP) | ars technica

Note: Streamcast has become quite litiguous of late. In April Streamcast turned about-face and chose to battle the RIAA and the MPAA despite earlier statements to the contrary. See earlier related stories posted on April 10, 2006.

Digg! Digg Del.icio.us Comments Off 

Warner Bros. and BitTorrent Partner to Download Movies

Categories: Big Media Makes ProgressiVOD/iTV

Warner Bros. and BitTorrent announced a partnership that will make Warner movies and television shows available for rental or purchase using peer-to-peer technology. The move makes Warner the first major studio to embrace BitTorrent technology, which has long been associated with the illicit swapping of video content. More than 200 WB movies and TV shows will be available this summer. New content will be available the same day DVDs are made available in stores.

Sources: ars technica | New York Times | L.A. Times | Forbes | Times Online | Wired | Fox News (Reuters) | Red Herring | CBC Canada | MSNBC/Business Week | Houstin Chronicle (AP) | International Herold Tribute | Playfuls | Inquirer | CNN Money | Engadget | BBC | CNet | ZDNet | Hollywood Reporter | Wall St. Journal

Note 1: BitTorrent and the MPAA had previously reached an agreement on November 23, 2005 whereby BitTorrent agreed to remove torrents for unlicensed movies from it's site. On that day BitTorrent (the company) became legitimate in the eyes of Hollywood.

Note 2: Of note, this distribution will use still another proprietary DRM system. See related article.

Related BitTorrent Posts:

Related P2P Going 'Legit' Posts:

Digg! Digg Del.icio.us 2 Comments 

Music Industry Releases New Wave of Lawsuits

Categories: BigMedia v. P2P UsersCases

The International Federation of the Phonographic Industry (IFPI) is launching nearly 2,000 new legal actions against individuals accused of sharing copyrighted music over P2P services, including FastTrack (Kazaa), Gnutella (BearShare), eDonkey, DirectConnect, BitTorrent, Limewire, WinMX, and SoulSeek. Here we go again.

Sources:
ars technica  |  Red Herring  |  CNet  |  ZDNet  |  BBC  |  silicon.com  |  The Register  |  PCWorld  |  Fox News  |  PC Pro  |  Reuters  |  PC Magazine  |  Top Tech News  |  ifpi press release
 
Dale’s Comment: Oh Goody! And we’ve seen how successful the RIAA’s suing thousands of its customers has worked over on this side of the pond now haven’t we?

Digg! Digg Del.icio.us Comments Off 

Canadian Federal Court Rejects Motion to Disclose IP Addresses of P2P Users

Categories: BigMedia v P2P ProvidersDecisionsMedia LevyPrivacy

Text of Decision (Reversed, in part, on appeal)

Update (May 19 2005): Note that the findings of the court described below as to: (i) the lack of infringement; and (ii) the tests that must be met to compel disclosure; were subsequently overturned by the Court of Appeal. Click here for my post on the appeal court's ruling.

——

In BMG Canada Inc. v. John Doe, 2004 FC 488 (aff'd/rev'd 2005 FCA 193), much like the RIAA is doing in the U.S., the Canadian Recording Industry Association ("CRIA") brought a Federal Court of Canada motion to compel Canadian ISPs to disclose the identities of 29 individuals they allege were violating copyrights through the use of KaZaA and iMesh P2P file-sharing networks. CRIA submitted that the individuals used the IP addresses registered with the defendant ISPs and, as such, sought disclousre of their identities from the ISPs. Judge von Finckenstein ruled that CRIA did not meet the necessary tests for granting such an equitable bill of discovery. Specifically, CRIA did not meet the required tests in the following ways:

A. CRIA did not establish a prima facie case against the unknown wrongdoers:

Affidavit Deficiencies:

  1. The affidavits in support of the motion, being provided/sworn by the President of MediaSentry Inc. (Gary Millin) consisted largely of hearsay. His employees identified the IP addresses of the John Does, not Mr. Millin
  2. The Media Decoy system used by MediaSentry, distributes millions of bogus or inoperative files over the Internet to look like music files. Mr. Millen did not actually listen to the files copied by the John Does to determine if they were infringing files, decoy files or other files.

No evidence exists to connect the pseudonyms and the IP addresses:

No evidence was supplied as to how MediaSentry linked the pseudonyms used by KaZaa and iMesh users to the IP addresses identified by MediaSentry.

No evidence of infringement in copyright:

  1. Section 80(1) (Copying for Private Use) of the Copyright Act provides:"the act of reproducing all or any substantial part of a musical work … onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement in the musical work" and, as such, "the downloading of a song for personal use does not amount to infringement".
  2. Merely placing personal copies of songs into shared directories which are accessible by others via a P2P services does not constitute either: (i) the distribution or unauthorized copies or (ii) authorization of the reproduction; of sound recordings which is prohibited under the Copyright Act.
  3. The judge analogized to the L.S.U.C. v. CCH case where the establishment of facilities that allowed photocopying in a room full of copyrighted material did not amount to authorizing infringement. The judge could not see a real difference between that and a computer user that places a personal copy on a shared directly linked to a P2P service.
  4. The judge also noted that Article 6 of the 1996 WIPO Treaty, whereby authors would have the "exclusive right of authorizing the making available to the public the original and copies of their works", does not form a part of Canadian copyright law as the treaty has not yet been implemented in Canada.

B. CRIA did not show that the ISPs were the only practical source for the identity of the P2P users:

The person from whom discovery is sought must be the only practical source of the information available to the applicants. CRIA did not establish who the operators of the KaZaa or iMesh services were or whether the information could be determined from such persons.

C. In light of CRIA's delays, the public interest for disclosure was not outweighed by privacy concerns:

  1. While the plaintiffs are entitled to protect their rights, in light of legitimate privacy rights of Canadians, the judge must be satisfied that the information is reliable and disclosure is the minimum required for the plaintiffs to identify the alleged defendant. The ISPs indicated they could only reliably produce the requested information if requested in a timely fashion (ie: within 30 days or less of the alleged incident).
  2. However, the notice of motion requesting disclosure was given months after the evidence was gathered.
  3. Given the age of the data, its unreliability and the serious possibility of an innocent account holder being identified, the court was of the view that the privacy concerns outweigh the public interest concerns in favor of disclosure.

Subsequent Federal Court of Appeal Post:

Related Stories: WikiPedia | P2PNet | Gen X at 40 | CNet | Lang Michener

Related Posts:

 

Digg! Digg Del.icio.us 2 Comments