| Kazaa can be sued in the US |
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Sharman Networks, based out of a small island in the Pacific, has escaped the lawsuits that have hit many other file swapping services and clogged the courts in recent years simply because they weren't based in the USA. Judge Stephen Wilson has cleared that barrier. 'Given that Sharman's (Kazaa) software has been downloaded more than 143 million times, it would be mere cavil to deny that Sharman engages in a significant amount of contact with California residents,' wrote Wilson in a 46 page document made public on Friday. He also said 'many, if not most, music and video copyrights are owned by California-based companies.''We are pleased that the court denied the efforts of Sharman Networks...to avoid being subject to the suit. Sharman Networks...should be held accountable by U.S. laws, which clearly indicate that what they are doing is illegal, and that they should not profit from it.' the organizations said in a joint statement. This judgement is walking a fine line indeed. Just last week, the California Supreme Court stated that a Texas man could not be sued in California over his posting of the DeCSS software. The US Supreme Court initially put that decision on hold, but has since backed out of the case. While I agree to some extent that people who have been criminally wronged should be allowed to press charges on foreign entities in the counrty where the wrong was commited, I don't believe that, given the previous DeCSS judgement, the MPAA / RIAA should be allowed to proceed against Sharman. Add your comment
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