Kazaa to Labels: Neener Neener Neener

Written by Eric Olsen
Published September 26, 2002

Kazaa spreading itself around:

    In a war with media conglomerates hoping to shut down its Kazaa file-trading service, Sharman Networks has flipped the familiar slogan, "think globally, act locally."

    Despite an ongoing American copyright-infringement lawsuit, the Australian company has so far evaded the international recording industry's attempts to shut down Kazaa by setting up operations around the globe. It has offices in the United States, the South Pacific island nation Vanuatu and the Netherlands.

    On Monday, Italian ISP Tiscali agreed to advertise its broadband services through Kazaa.

    The agreement could make the recording industry's attempts to shutter Kazaa that much more difficult because individual countries are responsible for regulating the Internet within their borders. Stronger ties between ISPs and file-trading companies could bolster Kazaa's defenses.

    The international recording industry, however, was quick to condemn the move.

    "I am shocked that Tiscali ... believes that by entering into an agreement with an unauthorized service it will promote the development of legitimate online offerings," said Jay Berman, chairman of the International Federation of the Phonographic Industry, a global music industry organization. "By subsidizing Kazaa, Tiscali is jeopardizing the development of legitimate online services, and it is important that Internet service providers everywhere understand this."

    Berman's words have more bark than bite. International copyright laws vary widely, and courts outside America have not been particularly aggressive about prosecuting companies distributing file-trading software.

    The World Intellectual Property Organization hoped to stop this type of nation hopping when it enacted the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty. Each outlines in very broad terms the type of copyright legislation countries should adopt.

    However, many of the world's largest economies, including Italy and the rest of the European Union, didn't sign on, which means they are free to draft — or not draft — whatever legislation they choose.

    On top of that, some lawyers contend the treaties don't apply to companies distributing peer-to-peer software.

    Napster was knocked offline because it provided the software that its 70 million members used to share music. The concept is called "contributory infringement," but it doesn't exist in many countries — and the WIPO treaties won't change that.

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Career media professional Eric Olsen is honored to be the founder and publisher of Blogcritics.org, which, quite frankly, rules - as do his wife and four children.
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Kazaa to Labels: Neener Neener Neener
Published: September 26, 2002
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Section: Music: News
Writer: Eric Olsen
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