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List:       dmca-discuss
Subject:    [DMCA_Discuss] KaZaA Sues Movie, Recording Industries
From:       "Seth Johnson" <seth.johnson () realmeasures ! dyndns ! org>
Date:       2003-01-28 22:06:04
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(Forwarded from Pho list.  Article text pasted below.  -- Seth)

> http://story.news.yahoo.com/news?
tmpl=story&u=/ap/20030128/ap_on_hi_te/internet_music_trial


-----Original Message-----
From: "the terminal of Geoff Goodfellow" <geoff@beat.net>
Date: Tue, 28 Jan 2003 21:48:52 +0100
Subject: pho: Kazaa Sues Movie, Recording Industries

Kazaa Sues Movie, Recording Industries
Tue Jan 28,12:20 PM ET

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.

--snip--

> http://story.news.yahoo.com/news?
tmpl=story&u=/ap/20030128/ap_on_hi_te/internet_music_trial

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
geoff.goodfellow@iconia.com * Prague - CZ * telephone +420 603 706 558
"success is getting what you want & happiness is wanting what you get"
http://www.nytimes.com/library/tech/99/01/biztech/articles/17drop.html
http://www.tapsns.com/members-bio/geoff-goodfellow.shtml

----

> http://story.news.yahoo.com/news?
tmpl=story&u=/ap/20030128/ap_on_hi_te/internet_music_trial


Kazaa Sues Movie, Recording Industries 
Tue Jan 28,12:20 PM ET  Add Technology - AP to My Yahoo!

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.

In a statement, the Recording Industry Association of America (news - 
web sites) 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.

___

On the Net:

Kazaa: http://www.kazaa.com

Movie industry: http://www.mpaa.org 


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