28-01-2003 22:36									#1
	Kazaa sues RIAA Get a bigger avatar today!

http://www.cnn.com/2003/TECH/intern...c.ap/index.html

Well, they're fighting back:

quote: KaZaa fights back; files countersuit Tuesday, January 28, 2003 Posted: 12:08 PM EST (1708 GMT) LOS ANGELES, California (AP) -- 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. Monopolization? 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." Claims called 'laughable' 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. (Warner Music is a division of AOL Time Warner, CNN's parent company.) 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 U.S. courts.

Unfortunately, I can't see them having the necessary funds to win a drawn-out legal battle.

	28-01-2003 22:39									#2
	Support Apolyton, buy Galactic Civilizations: Deluxe Edition

Since they aren't U.S.-based, what can they really do to him? If they sue him and even win, how can they actually stop him or force him to pay any damages?

	28-01-2003 22:43									#3
	Support Apolyton or Terrorists Win

God bless Kazaa.

	28-01-2003 22:49									#4
	Support Apolyton, buy Alpha Centauri

No, God bless Kazaalite and DietKazaa for being spyware-free...

	28-01-2003 22:54									#5
	Get a bigger avatar today!

Viva La Resistance!

	28-01-2003 23:00									#6
	Inflate your Upload Space

I'll keep using Kazaalite and they can sue each other to their hearts content. If the RIAA suceeds in killing Kazaa there will be another peir to peir utility to take its place just like there are a million baby napsters. The RIAA is just pissing in the wind on this one.

	28-01-2003 23:10									#7
	Support Apolyton, buy Civilization 2

Yup, their recent (futile) attempts against kazaa (and others too maybe) won't benefit them at all!

The only thing they are managing to do is increasing their unpopular status. I for one find them more and more turning into greedy sissies that can't accept losing a few billions of their already HUGE revenues they get from wasted people like p.edohpile diddy and other failures that seem to have lots of success, surprisingly.

	28-01-2003 23:28									#8
	Support Apolyton, pre-order Civilization IV

When will the music industry bite the bullet and realise they have already lost, Music artists are going to have to look elsewhere for their billions, like advertisment, sponsorships etc, Music like software is eventually going to be free, with quality of service being what you pay for.

	28-01-2003 23:40									#9
	Support Apolyton buy from Amazon

just another reason I love Kazaa. Well kazaa lite that is.

Much better than Audiogalaxy or Napster ever was.

	29-01-2003 00:20									#10
	Get a bigger avatar today!

thing is..they are based in austrailia...even if they loose in the us they can blow it off and do what they want..they ARE on another continent where the US has no rule

	29-01-2003 00:42									#11
	Suffering from ads?

dissident, I don't like these p2p thingies.. However I think Audiogalaxy was superior to Kazaa.. it actually ruled.

	29-01-2003 00:56									#12
	Put an end to popups!

C'mon, RIAA. Give it up already. There's no winning for you on this one - in the real courts or in the courts of public opinion.

	29-01-2003 00:58									#13
	Put an end to popups!

They're just spitting in the wind. They have no chance in their cases.

The source of Sharman's revenue, however, comes from American advertizing, which could be touched by the US courts.

Personally I think Sharman should simply ignore the case altogether.

	29-01-2003 01:13									#14
	Support Apolyton, buy Civilization III: Complete

so thats what theyre using all the money from ads for!