Well here’s an interesting development in the ongoing download wars. The company behind Kazaa – one of the key targets of the US record industry’s anti-download activities – is suing the music and movie industries for failing to understand modern technology and for monopolizing entertainment. In an ambitious law suit they claim the entertainment industries are guilty of copyright misuse, monopolisation and deceptive practice, and they’re seeking a jury trial, damages, legal fees and a permanent injunction so that the entertainment companies can't enforce their US copyrights against any person or entity.
The Kazaa case was already proving interesting. When the music industry attempted to sue them they claimed they weren’t under the jurisdiction of the US courts because they are based in Australia and incorporated in the South Pacific nation of Vanuatu. But two weeks ago a judge ruled against Kazaa, forcing them to face charges in the US. The forthcoming trial was seen by many in the industry as a test of just how far American law can go in the global world of the internet.
Needless to say the Recording Industry Association of America were not impressed by Kazaa’s lawsuit: "Kazaa’s claims are akin to the thief who plunders Fort Knox and then claims she's not responsible because Fort Knox declined to buy her second-rate security system. Kazaa, which built the world's largest piracy network premised on flouting copyright laws and not obtaining licenses, now claim that a lack of licensing has somehow inhibited their development. This proposition is laughable, but what's not laughable is the real harm to creators and copyright owners."
We look forward to both cases reaching court.