Sharman Networks charges the RIAA and its representatives of using Kazaa Lite, a version of Kazaa not distributed by Sharman, to hunt down Kazaa users in order to file their own copyright claims against alleged file sharers.
A representative of Media Defender Inc. The RIAA used the same kind of ironic tactics, given that earlier this month, the trade association sued alleged music uploaders for copyright infringement, Morris said. You may terminate this Agreement at any time by uninstalling and destroying all copies of the My Search Applications in your possession or control. We may terminate this Agreement, disable My Search Applications or cease providing any service at any time in our sole discretion.
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In fact, it's the first win for a such a company since Diamond Rio fended off a lawsuit after introducing its portable MP3 player. Since then, technology companies have endured a losing streak against entertainment companies. Last year, magazine was forced to stop linking to a software application that circumvented DVD copy protection.
Napster and Scour suffered crushing losses at the hands of the music and movie industries. Both networks were forced to shutter services. Three other companies -- Morpheus, Kazaa and Grokster -- are staring down similar suits in a Los Angeles federal court. But despite the apparent shifting winds in the courts, the reality is that the Dutch ruling will do little to help American companies. Obviously, this ruling has no precedent on our case and it's not even persuasive here.
The decision doesn't bind American courts, but it could weaken the overall structure of international copyright law if other countries begin offering safe havens to companies, said Bruce Lehman, president of the International Intellectual Property Institution and a member of the committee that developed the controversial Digital Millennium Copyright Act, the law that has been used against technology companies.
The Dutch ruling, and any other international decisions, could be made irrelevant in the coming months as two international treaties go into effect.
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