Kazaa Sues Movie, Recording Industries

Yahoo! ^ | January 28, 2002 | Associated Press

[Land_of_Lincoln_John]

LOS ANGELES - 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 monopolizing entertainment.

Sharman Networks Ltd. filed its counterclaim Monday 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 U.S. District Judge Stephen V. Wilson dismissed Sharman's claim that it could not be sued in the United States because it is based in Australia and incorporated in the South Pacific nation of Vanuatu.

Wilson had found Sharman subject to U.S. 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, monopolization, 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 realize 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 aftermarket 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 Inc., Columbia Pictures Industries Inc., Disney Enterprises Inc., Paramount Pictures Corp. The recording labels are BMG, EMI, Sony, Universal and Warner.

[newgeezer]

Snowball's chance in hell.

[anobjectivist]

Mmmm...kazaa.

It's so sad that people actually believe in this madness. If people simply stopped buying overpriced media instead of breaking the law in order to influence change, they would have more credibility. "Monopoly?" Maybe so, but the people that buy cd's at ridiculous prices are the ones that make it that way.

[Psycho_Bunny]

Ya...no chance at all...but funny.

[Krafty123]

I'd be curious as to the legal means the RIAA used to trace the Verizon customer. How did they know it was him?

[thoughtomator]

The reason the RIAA is freaking out is because people have by and large stopped buying CDs. As the purchaser of a CD, do you only have the right to play the music from the CD, or is it okay to make a copy and listen to it in another form, such as a cassette or an MP3? Historically, it's been just fine to do so. The actions of the recording industry are primarily aimed at reducing the rights legal buyers of their music (whether this is their stated goal or not, that's what they intend to do).

If piracy was really their concern, they'd be talking to the U.S. Ambassador to China, not to the courts.

[Dinsdale]

To be able to enforce your copyright you cannot have been found to have misused your copyrights. The record companys have paid a settlement for price fixing (misusing their copyrights). Hence they cannot enforce the copyrights.

Of course that would be the right thing to do, not a chance.

That being said in the end this will not be settled in the courts. RIAA is as dead as the buggy whip manufacturers.

[upchuck]

Sharman...

Aren't those the guyz that are supposed to be "squeezably soft?"

[UCFRoadWarrior]

If Kazaa is a foreign company.....what good does it do to sue in US courts? The RIAA may win the battle, but they will lose the war

Eventually the RIAA will lose.....the poor sales of CDs are killing music retailers...and recording companies have to offer big discounts to Wal Mart and others to sell CDs

I dont use Kazaa or other services...but a lot of people do. I usually buy CDs from used CD stores and other places. A lot of those places that sell used CD's sell the comp copies that radio stations get for free..and the radio stations sell them for a few dollars.

I think eventually the RIAA and its members will be forced to sell online to compete w Kazaa and others

RWK

[job]

That's what I have wondered. Are you only buying a license to listen to music? In other words, I really don't own the CD, I only own a license to listen to the music on the CD, and the license does not allow me to reproduce it on tape, another CD, MP3, DVD.

It seems the only way that this could work is either by contract (stipulations found in the CD paperwork) or by statute. I am not aware of either one. I am perplexed by this. If they were selling it, I could understand a better argument. But remember, there was a big blowover about selling used CD's. (Garth Brooks, who has made millions, thought it unfair). If the licensing argument were correct, you could never sell a CD, unless the license were transferrable, which I am sure they would argue is not.

[upchuck]

Let's assume RIAA created an large database of music and charged $1/track to download from it.

Any takers? I would be one. The idea of downloading just what I want, when I want is very appealing to me.

[Media Insurgent]

"RIAA is as dead as the buggy whip manufacturers."

Yep.

If I were them, I'd be devoting my time and energy trying to find a new business plan to make money from music, instead of flailing away trying to save a doomed system. Yes, the law is on their side but I just don't see how it can be enforced in the long run. It's like trying to crack down on people taking towels out of hotel rooms. That's stealing too, but good luck trying to stop it as a widespread practice.

[spodefly]

I am online with KaZaa right now ... so are 4,394,580 other users sharing 838,649,707 files totalling 6,242,048 GigaBytes.

Can you say "shovelling sand against the tide" ... the record companies are going to have to rethink things in the digital interconnected world. Movie studios should get in line right behind them. I am an ethical person, so I am limiting my downloads to albums that I have already bought, but I am probably the only person in the world similarly burdened by conscience (and lack of convenient MP3 ripping facilities.)

[rwfromkansas]

I hope they get their jury....full of college students and teens. There is no way in heck Kazaa wouldn't get their wish then. But, unfortunately, that won't happen.

[gaijin]

For years, much of the Hollywood product was an in-your-face kulturkampf waged against everything that was good about this country. Rolling in dough, they also had so much fun, they could barely contain themselves. In many cases, singers asked men to "bust the walls" of women's private parts, to kill and maim, to waste their potential on all manner of rot.

Ruining one's self was held up as a new form sexiness.

I don't download pirated music, but I heartily encourage others to. For me, it's much more than stealing --it's ACTIVISM. In view of the circumstances, I think talk about fairness and legality is just another form of decadance.

Imagine a perp has your only son at gunpoint --his life is in danger. Fortunately your plucky, beloved wife emerges steathfully from behind the unknowing perp with a shotgun; the perp is clearly about to die.

But is this fair? Oh, no --very unfair say the myrmidons.

The myrmidon blurts out, "Now, HONEY, shouldn't you give fair warning...?!"

Don't be a fool --do your fair share to impoverish enemies that would destroy America. Download bootleg music, and try to download movies. Enourage your friends to, also.

STEALING FROM HOLLYWOOD IS SEXY AND SOPHISTICATED.

[Bloody Sam Roberts]

Snowball's chance in hell.

Mebbe so...but I hope at the very least, David draws blood with a with a sharp crack to the bridge of Goliath's nose.

Let's Roll!

[Poohbah]

To be able to enforce your copyright you cannot have been found to have misused your copyrights. The record companys have paid a settlement for price fixing (misusing their copyrights). Hence they cannot enforce the copyrights.

Except that price fixing isn't "misuse of copyright," it's "price fixing."

[rwfromkansas]

[Bloody Sam Roberts]

Any takers? I would be one.

I would be one too if they could provide downloads of tracks like..."Blue Yodel #1" by Jimmy Rodgers or some of Luther Allison's live cuts.

For me it would depend on how deep the database is. Would it be as deep as what you can get on Kazaa or WinMX? I tend to doubt it. Hell, let them give it a try...but I doubt they will.

[Rodney King]

The reason the RIAA is freaking out is because people have by and large stopped buying CDs. As the purchaser of a CD, do you only have the right to play the music from the CD, or is it okay to make a copy and listen to it in another form, such as a cassette or an MP3?

You don't need Kazaa to do that. Hey, I download songs every day, but let's not kid ourselves about what these services are for.