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March 31, 2005
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Report from Down Under on Kazaa Lawsuit
Down in Oz, there has been an ongoing farce of a wild lawsuit brought against P2P company KaZaA by copyright holders. APC has a humorous look at the final days of the case (Daily Dispatch (Opinion): KazzaGate, Day 18:part 2). I'm definitely no fan of secondary liability for devices capable of substantial non-infringing use, but the clowns at KaZaA probably deserve everything they get. The CEO, supposedly, was only a management consultant with no ability to make decisions. The CFO/CTO didn't know who his boss was, apparently never had the occasion to ask; there was "no good reason as to why he would."
Judge Wilcox: Ms Hemming is said to be not allowed to make any real decisions despite the fact she's CEO and nobody else comes forward and says, Look, I'm the person, the buck stops with me. It's amazing it seems to be a very successful business for which nobody has any responsibility. This is a serious problem, Mr Webb. The only person who is called [to the witness box] is a man who in effect says, I know nothing, I'm a good technocrat, I know nothing. And I'm left to make what I can of that.
A must read.
posted by Ernest Miller |
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