Is KaZaA using the DMCA on Kazaa Lite?

By Jon Newton 9/1/03

If a Chilling Effects report is accurate, Sharman Networks (aka KaZaA) has finally crossed the line and is now using the same tactics as the RIAA and MPAA to get its way - ie, it's trying to nail the competition to the wall using the Digital Millenium Copyright Act as the hammer.

And if the item is accurate, it should come as no surprise. For various reasons, by no means all down to the RIAA subpoena onslaught, Kazaa-not-so-lite has been losing market share (if you can call it that : ) for some time, and Sharman's plans to grow fat off the online music community are fading fast.


The new 15GB and 30GB Apple iPod can be ordered from Amazon.

An apparent letter from Sharman's lawyers appears here.

Addressed to Google, it demands, "Please immediately remove or disable all access to the Infringing Material."

You can read the full text below.

We've emailed Kazaa Lite and Sharman - the latter via its press area and product site - and we'll keep you posted.

For now, has Google complied? See for yourself. Enter Kazaa Lite, and variations thereof.


Sender Information:
Sharman Networks
Sent by: [Private]
Stubbs Alderton & Markiles, LLP
[private]
Encino, CA, 94136, USA

Recipient Information:
Customer Support, DMCA Complaints
Google Inc.
Mountain View, CA, 94043, USA

Sent via: Federal Express
Re: NOTICE OF COPYRIGHT INFRINGEMENT

Ladies and Gentlemen:

We act on behalf of Sharman Networks, Ltd. (the "Owner").

As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:

1. The Owner is the exclusive owner of the copyrights in and to the Kazaa Media Desktop software (the "KMD"); and

2. Utilizing the search query, "kazaa," at www.google.com, the following search results (the "Infringing Material") contain unauthorized copies of the KMD or unauthorized derivative works of the KMD which infringe the KMD and the exclusive rights of the Owner:

a. http://www.kazaagold.com
b. http://mp3download.com
c. http://www.kazaalite.tk
d. http://www.kaaza.com
e. http://doa2.host.sk
f. http://www.k-lite.tk
g. http://www.kazaa-file-sharing-downloads.com
h. http://www.kazaalite.nl
i. http://home/hccnet.nl/h.edskes/mirror.htm
j. http://www.kazaa-download.de
k. http://www.zeropaid.com
l. http//www.kazaalite.nl/downloads.htm
m. http://kazaa.infos-du-net.com
n. http://www.kazaa-lite.tk
o. http://www.kazaa-lite.info

Please immediately remove or disable all access to the Infringing Material.

I have a good faith belief that the use of the Infringing Material is not authorized by the Owner, its agents or the law. The information in this Notice of Copyright Infringement is accurate and under penalty of perjury, I am authorized to act on behalf of the Owner.

Should you require any further information regarding this matter, please contact me at the address, telephone number or email address indicated below:

Stubbs Alderton & Markiles, LLP
[private]
Encino, California 91436
Tel: (xxx) xxx-xxxx
Email: [private]@biztechlaw.com

Very truly yours,

[private]


Jon Newton is the editor of p2pnet.net and is a regular contributer to MP3 Newswire. Jon's site is devoted to the politics of digital music and his insights as well as those of his co-writers can be read there. We urge you to explore it.

 


The 128MB Philips PSA MP3 player for the gym is available on Amazon

Other MP3 stories:
Gateway Digital Music Player
Copyrights: Two-thirds of Adult File Traders Couldn't Care Less.
Rumor: The iPod Movie Player

Back to