Sued for using Kazaa

Petrafan4life79 · Post by **Petrafan4life79** » Mon May 16, 2005 3:40 pm

Hey guys, here's an article about a Wisconsin man being sued cause his daughter downloaded free music from Kazaa. Just letting you know, to be safe I guess.

http://startribune.com/stories/535/5405675.html

Shell · Post by **Shell** » Mon May 16, 2005 4:27 pm

That is going a bit over the top...This was a 13-year-old using something that was available for free, and she stopped when she was warned. Why aren't they going after Kazaa? Isn't Kazaa breaking copyright laws and shouldn't they have to pay fines? They should be held liable for making it available for young people in the first place. A 13-year-old can't really understand all the legal issues.

executioner · Post by **executioner** » Tue May 17, 2005 6:34 am

This is the problem Shell, the recording industry over the last couple of years tried going after Kazaa and others but have failed at their lawsuits, so now their going after the users because they believe they can use strong arm scare tactics and force the little people to stop using them. The industry might lose this particular lawsuit but I bet you any money that that 13 yr old won't be using Kazaa anymore.

executioner · Post by **executioner** » Tue May 17, 2005 6:37 am

My understanding is if Kazaa bought these songs than they are allowed to give them away for free on the net; As long as they are not exchanging money. If it was against the law than the AG would have stop it long ago.

brent · Post by **brent** » Tue May 17, 2005 7:56 am

executioner wrote:This is the problem Shell, the recording industry over the last couple of years tried going after Kazaa and others but have failed at their lawsuits, so now their going after the users because they believe they can use strong arm scare tactics and force the little people to stop using them. The industry might lose this particular lawsuit but I bet you any money that that 13 yr old won't be using Kazaa anymore.

Ok, THIS is the last post.

Let me add some insight. The issue may not be what it seems. The government is having to walk the tight rope on this, because they want to leave the door open for the developers of peer to peer software. That technology is used for other things in government and private sector business. It just so happens that Kazaa and other more tech savy programs have been marketed towards musical file sharing. So, the government finds it hard to come down on a technology that they need. (Rightfully so IMO. In this world there are many things we CAN use, but we have a choice NOT to use some of them.) They will one day use it on us I imagine. They already track every internet search word and activity so it wouldn't surprise me.

The reason for the lawsuits as told to me by RIAA council, is to get the parents, universities, churches, etc attention. If they hit these people, then those in charge will get the message, and manage the activity themselves. The RIAA does not/can not micro manage people (yet). They do not like the image of a corporate machine vs. little Jenny.

Richard Greene at EMI told me that they completed a study, where they found illegal church music (tracks, sheet music, downloading, duplication, etc) at an all time high. Most times if was a matter of education (or the lack thereof). He says that they have tried education in the secular world, and just as it has failed with safe sex, drugs, crime, etc, it is failing in file sharing. He said that it is a sad day when people in the church steal from another brother to use the item in ministry.

If the parents were doing their job, and monitoring the music that their kids listen to, then they would be aware of how they are getting it (I hope). They should read the fine print and only get music from sites where the artist gets the money. That is only fair.

While I don't like the messy lawsuits myself, I hope for a change in the current business model. Budget recording, file sharing, etc has killed the market. We only have so much money to spend on music, and there are more bad bands/non-talents to choose from than ever. Tours are down because of it, CD sales are down becuase of it, because musicianship is down. We also have the worst sounding media (MP3 and CD) than ever before. If you want a recording/producing take of it all, go to Barnes and Noble and pick up the latest issue of MIX magazine, or go here:

http://mixonline.com/mag/audio_quality_age_good/

In heaven there will be no need for attorneys. Wow.

executioner · Post by **executioner** » Tue May 17, 2005 8:23 am

Actually the record companies are the ones that have killed the market. I and many others are purposely staying away from buying from big record companies, and the artists are also going the route of the small/self-made record companies. I very rarely buy a new CD. The last one I bought was JAH and I have bought 10 copies to give away.

crossways · Post by **crossways** » Tue May 17, 2005 10:42 am

I did a research paper for a school law class in graduate school on Copyright laws. Very interesting stuff.

I believe they can't prosecute Kazaa because they are only providing the file sharing software and network. Kazaa doesn't actually ever posess the tracks. The tracks remain on your computer. What Kazaa does is allow users to go onto your computer and copy files in your "shared" folder.

I'm sure they should bear some liability, but there is no precedence for their actions. It would be like taking Sony to court because they make tape recorders that people use to illegally copy tapes and cds.

In our research we found that most people don't view photocopying, dubbing, file sharing as stealing. Instead they see it as utilizing available technology.

In retail chains they assume a certain amount of theft will occur. They know they can't stop it all, but they try to keep it to a minimum and under control. So they catch a few and prosecute some.

I think that's the case here. You catch a few - make a headline and that helps to deter a percentage.

I know I was detered from doing just about any copying or file sharing several years ago, based on several things, but I was convinced to stop when I started hearing about prosecution.

Shell · Post by **Shell** » Tue May 17, 2005 10:51 am

I can understand them wanting to protect their rights, but for them to make examples of children downloading and using information available on the Internet is not fair. It shouldn't be available in the first place if it's going to be a problem.

A good way to be sure you're safe is to make sure you're with a company where you have to pay for what you're using.

crossways · Post by **crossways** » Tue May 17, 2005 11:04 am

*Devil's Advocate*

If your sitting at home ready to log on to Kazaa which is going to deter you most?

A) Record company sues a guy who downloaded thousands of songs and was selling them as burnt cd's.

B) Record company goes after little girl who is just doing what everybody else is doing.

B is gonna get my attention! If they go after someone who we see as deserves to be sued then the "average joe" says - I'm not that bad.

Go after an "average joe" and people start to think - It might be me next.

executioner · Post by **executioner** » Tue May 17, 2005 11:15 am

Crossways you make some good points. According to the law Kazaa and this little girl are doing nothing illegal, but as you know everybody has a different opinion on exactly what the law states. So, that is why we are seeing these lawsuits. Brent sees it different from us because he is an artist and he fills like someone his stealing his property and I respect him for that. RIAA feels the same way as Brent only because they are paid by the Labels to protect them.
It sort of like this. Everyone knows the JDPower & Acc. are a company that tests quality in products that are sold to the consumer and every year they rate the full size Chevy pickup as the best truck on the road for quality and resale value, well there is something alot of people don't know about JDPower but the majority stockholder in the company is General Motors and that is who makes the Chevy trucks. That is how the system works; You scratch my back I'll scratch yours.

The Attorney General has been clear on this and has told the RIAA and Labels not to make their products so easy to find on the net, they have not listened and this is their own fault.

crossways · Post by **crossways** » Tue May 17, 2005 11:28 am

That hardly seems fair coming from the AG.

If I buy a cd I can rip it to my computer. If I am a Kazaa member then anybody can get it very easily.

Exactly how is the lable/artist supposed to deter me?

I thought that was why we have the laws and the prosecutors. To aide in the detering of crimes.

Interesting.

brent · Post by **brent** » Tue May 17, 2005 11:33 am

Yeah, but that is impossible.

I see all of this crap as a means to an end. Some people think that the mark of the beast will be an implanted chip. I don't know, but it makes sense. With all of this fraudulant behavier, I woundn't be surprised if Apple and MicroSoft get into it, and both offer chips that allow music to be piped right into the central nervous system via iTunes, etc. Then you can sit in a chair, download music right from the studio, straight into your chip/brain. Then and only then can they stop the file sharing thing.

iMark, coming to a indoctrination center near you!

sue d. · Post by **sue d.** » Tue May 24, 2005 12:07 pm

If they do that, does that mean that I wouldn't have to hear my son's rap-trap hip-hop bass-pounding noise every night? It would by-pass my brain waves and go directly into his?

if so - I'm all for it!!!

The Petra Zone

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