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Kazaa Ruled Illegal in Australia

By Nate Mook, BetaNews

September 5, 2005, 11:35 AM

In yet another milestone victory for the record industry over peer-to-peer networks, an Australian court has ruled that Kazaa is violating copyrights and gave the service two months to eliminate further piracy by its users.

Six of the 10 defendants were found guilty of infringing copyrights, including Sharman Networks, company CEO Nikki Hemming and Altnet, the company which created the software that powers Kazaa. They were ordered to pay 90 percent of the record industry's legal fees and a hearing will be scheduled to determine damages.

Although the ruling is only enforceable in Australia, the storm clouds are clearly gathering over such file sharing services. In late June, the United States Supreme Court found that P2P networks could be held responsible for the actions of their users, if the company actively encouraged or fostered illicit swapping.

"The court has ruled the current Kazaa system illegal. If they want to continue, they are going to have to stop the trade in illegal music on that system," record industry spokesman Michael Speck told reporters. "It's a great day for artists. It's a great day for anyone who wants to make a living from music."

Federal Court Judge Murray Wilcox acknowledged that it was in Kazaa's best interest to keep the sharing of copyrighted materials going in order to maximize advertising revenue, and said the company made no efforts to reign in the ongoing illegal activity.

New versions of Kazaa must actively block the trading of copyrighted content, ordered Wilcox, and the upgrade would be be mandatory for all users. Sharman Networks says it will appeal the decision.

The International Federation of Phonographic Industries hailed the ruling as a landmark victory in the fight against online piracy.

"Today's judgment shows that Kazaa — one of the biggest engines of copyright theft and the biggest brand in music piracy worldwide — is illegal," IFPI chairman and CEO John Kennedy said in a statement. "This is a milestone in the fight against Internet piracy worldwide."

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By TheBeastH6

posted Oct 4, 2005 - 11:09 AM

Burn in hell, Kazaa. Alternatives: Ares, Bearshare Pro (you can find it on basic Bearshare, what a paradox).

Score: 0

By emily.albert

posted Aug 3, 2006 - 1:10 PM

The new cool? Piratenova.

Score: 0

By Portal3

posted Sep 7, 2005 - 3:02 AM

A slow process.... perhaps we'll find more and more users adopting encrypted P2P software instead of such open networks as Kazaa.

Atleast that way you know who your connecting to and don't have random leechers connecting and sharing crap (copyrighted material).

It's all good. Just so long as P2P developers and networks aren't being sued because of the end-user's actions with "NO" apparent encouragement by such persons to break the law.

It's hardly fair to sue developers of the Internet. Even if such protocols are being abused. Take SMTP -> SPAM for example.
Would you sue the creator or the Spammer?

Score: 0

By iknowyouknow

posted Sep 6, 2005 - 1:05 PM

Well, another step on the road to honesty.. My solution would be not to ban it (even though its crapware) but put a control script in it and the rest(Bit Torrent, Bitlord ect) to stop theives downloading programs, music, films etc.

Score: 0

By PhoenixPath

posted Sep 6, 2005 - 2:12 PM

:lol: Yeah, a script would work for about 2 seconds. Seriously, they'd have to lock down the entire network and not allow any un-approved uploads. Which basically means it'd be useless...even for legit P2P.

Any form of legit P2P wil be plagued with this kind of abuse. The networks beg for it. There's no real way to fight 'em. Going after the users doesn't help (Tho' RIAA puts on a good show), so taking down the service/network itself remains the only viable option.

Of course, another 10 or so pop up to take it's place. Get ready for some heavy DRM people.

Score: 0

By PhoenixPath

edited Sep 6, 2005 - 12:02 PM

Kazaa (FastTrack): The STD of the Internet.

So long...Good riddance.

You get what you pay for.

Of course, the same could be said for most forms of P2P. Troll laden, Virus-ridden, poor quality crap. Very few P2P solutions are relatively safe for the average computer user, and even fewer are safe from the ever-watchful 'Eye of RIAA'.

Though I suppose...those not willing to pay $15 for the latest movie are not going to pay $10 a month to get it for "free" off the Usenet either.

Score: 0

By c4p0ne

edited Sep 6, 2005 - 5:06 AM

Hahahaha! Who the hell uses ghei kazaa anymore!??? I stopped like 3+ years ago! You've got torrents, edonkey, irc, and the list of ways to get stuff keeps going and going. I hope the record industry realizes that "what goes around, comes around", and that right about now it's making a left-turn to COME BACK AROUND. HARD.

Lawsuits against random unknown individuals and things of that nature are all ACTS OF DESPARATION. I like it! I like it a lot because it basically means they've finally felt a little pinch of online trading in their pockets and are now scrambling like chickens with their heads cut off to try and "recover" from their oh so sweet and fitting blunder.

BUT ITS TOO LATE. Keep sharing, keep downloading, and don't buy unless abso-fing-lutely necessary. Let them know that we mean BUSINESS and it's either REFORM, or be DESTROYED.

Rest In Pieces, RIAA/MPAA.

Score: 0

By yokozuna

posted Sep 6, 2005 - 2:21 AM

Well, I have to say that I am an audiophile and I have to write that some claims of RIAA/music industry/and their lawyers with greased hands make me laugh.
1. I remember that the cost of vinyls was around 17 German marks (~8 bucks) 20 years ago and the promise of the industry was that CDs will be cheaper than vinyls (I still have some promotional leaflets!!). I know that they explain it - inflation...I answer them - the development of technology... The production of compact casettes (CC) is more expensive that CDs, however, the price of them is lower (at least in Europe, more precisely in Germany/Poland/Austria) here! (dumping???)
2. so called "protected CDs" tend to cause malfunctions of precise CD player mechanisms (like my CEC CD Player TL 51 Z). Of course I have to pay for any repairs, not the industry. Moreover, only audiophile magazines write about it, I have never seen it on CDs. There are only two institutions which defend the rights of consumers in Europe - the Supreme Court of France (consumers pay for CDs, thus they have right to copy their property freely and without any limitation if it does not break the law) and Philips in the Netherlands (protected CDs are not compliant with the Red Book that describes the standards of CD DA discs). I know that many people are in this situation, so I copy such discs and give them to any of my friend, for free.
3. the last thing the industry wants is to break the chain: artist-music industry-consumers. If p2p and direct sale will develop further the industry will be not needed anymore. I know some artists who do everything on their own. And they survive somehow, even more, they are pretty prosperous.

So I strongly support p2p and I will do it until the industry will not change the stupid and harmful policy.

Score: 0

By crashoverride

edited Sep 5, 2005 - 10:29 PM

They should have just made P2P altogether illegal when they took out napster. That would have solved the problem outright. They could just shut these things down when they start up. The way I see it though, they shouldn't just be suing these P2P networks. I know several people that use instant messengers to trade MP3s. This method is most likely not that big of a problem but according to their logic they should be suing aol, yahoo, and Microsoft for aiding in Music Piracy.

Score: 0

By spiffyjeff

posted Sep 6, 2005 - 12:33 AM

"They should have just made P2P altogether illegal when they took out napster."

Ever heard the "guns dont kill people, i do" phrase? it's like that... P2P is not, and should not be responsible for their customers actions. What sounds like the most logical answer?

1)shut down P2P, even though it can be and is used for legal purposes
2)hold users accountable for their own actions
3)shut down the whole internet... according to your logic, they might as well, that would solve piracy through P2P, e-mail, websites, chat, ftp, scp... oh but all the others are so convenient to everyone, the riaa could easily do with-out competition (independant artists) P2P is an easy target for riaa.

Score: 0

By crashoverride

edited Sep 6, 2005 - 10:15 AM

Noo, not my logic, i'm just saying fro what i've read that's the way the RIAA thinks. I will admit that my statement was a bit unfair i'm just sick of these pencil pushing lawyers bellyaching about P2P all the time and wasting our courts time. There are more important things to be doing like putting murderers away, instead some of them will die before they ever see a court day because these jerkoffs have nothing better to do than start thesepointless lawsuites.
"even though it can be and is used for legal purposes"
That's the whole point. this is just a guess but what probly 90% of users are using it for illegal purposes. Besides that what do these P2P networks think would happen whent hey promote the fact that you can do all these things.

Score: 0

By MMPD

posted Sep 6, 2005 - 4:59 AM

I have to agree with ya spiffyjeff, www.livingtorrents.com could not even exist if they outlawed P2P's just because it can be misused.

The sad part in all this is because of all these annoying lawsuits (Which seem to make no difference overall), it gives a misconception of the technology for newer computer users and makes them wary of the technology in any setting.

My personal opinion is that if there was an option to add $10 a month on your ISP bill for unlimited p2p (anything goes) use I think that might make everyone happy.

That's my two cents anyway.

Score: 0

By tha_vampyr

posted Sep 5, 2005 - 9:07 PM

File sharing isnt a bad thing. Its no different to buying a movie or cd, and giving it to a friend to listen to. Oh no profits have just been cut in 1/2 because my friend didnt pay for it.

If you managed to recoup all that money lost in the middle on all the execs and promoting and things, then artists can still make a profit, and the consumer gets a cheaper product.

If a music cd was like $10AU instead of the average of $30AU then maybe more people would actually buy them.

Maybe thats a good way to stop piracy, rather than frivolously wasting money on law suits that achive nothing except push file shares from one network to the next.

Most people i know that copy music, might copy plenty of stuff they think is 'ok' but never would have parted with their money for, and still buy stuff they really like.... so if they werent going to pay for it anyways, where is the loss??

Fans still support their bands, weather it be through, merchandise, concerts or actual music sales.

I dont see RIAA representing that many starving artists..

Score: 0

By Tenoq

posted Sep 5, 2005 - 11:16 PM

tha_vampyr wrote:
"If a music cd was like $10AU instead of the average of $30AU then maybe more people would actually buy them...Most people i know that copy music, might copy plenty of stuff they think is 'ok' but never would have parted with their money for, and still buy stuff they really like.... so if they werent going to pay for it anyways, where is the loss??"

You're right on the money. The fact of the matter is, music piracy has had NO EFFECT on the sales of copyrighted music in Australia, or in fact the world. On the contrary, now that music is available legally for download, the record industries of the world are selling even more music than ever before.

The sole purpose of this exercise by the record industry is to make even more money, not to recoup losses. Fortunately, they're fighting a battle they can't win - there will always be a way around.

Score: 0

By Pegusis2

posted Sep 5, 2005 - 9:27 PM

It is very different than sharing with your Friends! When you share with friends, that usually implies that one knows the person somewhat with whom you are sharing and downloading your files from... in this case 99.99998% of the time you have no idea who it is you are downloading from. In a lot of cases you end up with something you did not want such as viruses renamed to look like the things you were wanting to download. And it's not even so much this, I've seen where in-experinced users installed these file sharing programs and did not set up any security and ended up with Child Porn on their box... video and pictures that were uploaded to them so that they'd be the one sharing out these files. It's just sad that some idiot has this kind of intension and that my dear friend is what ruins your file sharing with your so called friends.

Score: 0

By tha_vampyr

posted Sep 6, 2005 - 11:52 PM

In an ideal world, where everyone isnt a profit hungry f__k, there would be no reason u cant share with a random person.
I cant remember where i heard the idea of a book exchange, but basically u get to take a book, so long as you give a book, and if you feel the people looking after the show are doing a good job, give them a gold coin donation...
also in that ideal world, that pool of books would get better or stay the same. Its only from people that care more for themselves than for others that would bring in a s*** book, take a good book and not donate.

And thats roughly what i think about the recording industry, and alot of multi-nationals in general.

When a company finds a way to cut costs, the profits arent passed on to the consumer, but as sure as death and taxes, if something cuts into those profits, they will be passing that on to the consumer.

Its not like the record companies arent making money, or loosing money... the fact of the matter is they just arent happy making a small profit, or even a static profit. The ALWAYS want to be making more. Not offer more, just take more.

Also do u stop file sharing because some random f__kwit uploads kiddie porn to someone elses computer? No. Why stop the majority of society because of a few bad apples?

If you see someone lying on the side of the road, do you stop to help them? or do you drive past because its a setup?
Do you fly to europe? or give it a miss because a plane drops out of the sky every now and then?

You cant stop living because of what might happen. You gotta belive in the greater good of humanity.
People dont file share because they want to steal, people file share because they want change.

Everyone would prefer a nice flashy original to their downloaded, burnt, crap white dvd. But what they dont like is the $tag attached to it.

Think of it this way.
There are people that:
A) Would buy them item regardless of the cost
B) Are interested but not that that price.
C) Just dont have that money to spend
D) And i suppose the ones that just dont want it.

so they only make sales from 1/3 of the people who *might* buy it. Now if they cut prices by 2/3 so say a $30 cd is now $10, or a $90 game is now $30..... they open themselves up for those other 2/3's of the market....

I think file sharing is societys way of saying wake up and smell the cheap arse coffee the rest of us have to put up with...

Score: 0

By spiffyjeff

posted Sep 6, 2005 - 12:25 AM

If you are complaining about using filesharing just because it has nothing you want on the networks, just don't use it.

If you are complaining that people are sharing copyrighted material, then make the difference, and share copyright-free material

Score: 0

By Pegusis2

posted Sep 6, 2005 - 7:25 AM

Sorry there Spiffy... didn't mean to confuse you... I thought it was pretty clear or did you read what I wrote? Maybe try Re-Reading what I wrote and you may pick up between the lines...

Score: 0

By The MAZZTer

posted Sep 5, 2005 - 8:52 PM

The funniest part of this, I think, is there's no way to force people to upgrade. So they won't.

Score: 0

By iamtux

posted Sep 5, 2005 - 9:49 PM

they could change something in the programming of the new version that will cause ppl using an older version to have problems or not be able to connect at all. it could be done.

Score: 0

By sjc001

posted Sep 6, 2005 - 6:24 AM

And it would be just as easy to program in a way around this bug as well.

Score: 0

By sjc001

posted Sep 5, 2005 - 5:32 PM

There are still people using Kazaa?

Score: 0

By GimieGimieGimie

posted Sep 5, 2005 - 6:28 PM

That's what i was going to say! :P

Score: 0

By Jacen

posted Sep 5, 2005 - 3:39 PM

All users should change to FilePipe or TrustyFiles. These programs connect to the FastTrack network.

Score: 0

By spiffyjeff

posted Sep 5, 2005 - 4:20 PM

please explain (curious) what is FastTrack / what is its advantage over others?

Score: 0

By madjo

posted Sep 6, 2005 - 3:33 AM

it's the network that KaZaA connects to.

Score: 0

By Pegusis2

posted Sep 5, 2005 - 3:14 PM

Close down all File Sharing Programs Period. Great way to get all your viruses and worms...

If you use these programs you are only asking for trouble... sooner or later.

Score: 0

By spiffyjeff

posted Sep 5, 2005 - 4:18 PM

ignorance

try soulseek http://slsknet.org/
try winmx http://www.winmx.com/
try museek http://museek.thegraveyard.org/
try Azereus http://azureus.sourceforge.net/

unless you are talking about the files found inside the file sharing programs, then i dont know what you been downloading :-p

Score: 0

By Pegusis2

posted Sep 6, 2005 - 12:26 PM

Spiffy Speaking of Ignorance... which is more and more what I think of when I see your Spiffyjeff name on Beta news. I could care about your links you posted... which are probably to Virus infected web sites.

It's pretty clear that these P2P programs are more and more related to Virus activity than to actual useful programs, mp3's or videos. I fix and repair peoples computers daily and in many cases it's because some idiot got them to install these Theft programs on their computer and than they download programs, mp3's, videos or many other types of programs only to find that they now have a computer so full of bugs that their computer won't bearly boot up let alone run properly. It's folks like yourself that get their friends to install these types of program on their computers and than several weeks later I'm the one getting the phone call that they have a problem on their computer and that a friend talked them into installing such crap as Limewire, Kazaa, Grokster, WinMX, and or many other useless P2P program on their computer. And yes... All P2P programs are worthless junk... unless of course you are too cheap to pay for things the way a Normal people would by paying for what they get.

I've never heard of someone purchasing a Legal copy of a Game, Music Album, Program and getting viruses.

I'd say more but I can't be bothered with you Spiff...

Score: 0

By crashoverride

posted Sep 5, 2005 - 6:36 PM

Actually it's pretty well known that viral programs are being sent through P2P networks. Of course if you're dumb enough to download em........

Score: 0

By spiffyjeff

posted Sep 5, 2005 - 2:48 PM

"Kazaa must actively block the trading of copyrighted content"

That's impossible. The law is that the filesharing companys must not promote the trading of copyrighted music, now all kazaa can do is allow material that is public domain? How the heck can they do that if they don't even decide what goes on their network?

- you think they can place a filter?

wrong, it's like spam, how many of you have been able to 100 % block out spam, and 100% allow true mail? Spam is illegal, the riaa has no part of that though, or most people would realize that them going after e-mail providers instead of the spammers is just as insane as going after file sharing (P2P) networks.

Say I'm an artist, I don't have a record company belonging to riaa. Any recording I make is automatically copyrighted. "Copyright is secured automatically when the work is created, and a work is 'created' when it is fixed in a copy or phonorecord for the first time." (http://www.copyright.gov/circs/circ1.html#hsc)

Kazaa can no longer allow my work unless i forfit it to public domain.

Score: 0

By jobryan26

posted Sep 5, 2005 - 12:12 PM

"It's a great day for artists. It's a great day for anyone who wants to make a living from music."

They only thing that would make a great day for me is if hurricane Katrina would have went right thru the center of the RIAA with all of those jerks sitting on toilets....in the basement with deadbolted doors.

Score: 0

By Shifty31

posted Sep 5, 2005 - 5:56 PM

I think downloading music is wrong, i download there short songs off there site and if i like the song i buy it off a online music store so i get the song i want.

They worked hard to make there music, sure its a bit overpriced but thats why i only get the songs i like the not whole album. And why are people still using kazza when they could be using other networks and other clients, torrents are the future.

Score: 0

By Niro

posted Sep 5, 2005 - 11:43 PM

"torents are the future".

Ha...I guess you forgot about all the major torrents sites being shut down by the MPAA. Torrents are not the future, P2P is not the future...newsgroups are currently the future (past and present as well!), or record companies could just start selling music cheap online. I recently signed up with yahoo music engine...$7/month (or $5 if you sign uup for a year) for unlimited music that I can even copy to my mp3 player?? You can't beat that.

Score: 0

By ArcticCloud

edited Sep 5, 2005 - 10:44 PM

As if the music stars are not rich even though they sell "POOR" numbers of cd's

Score: 0

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