Spin is a wonderful thing
p2p news view / p2pnet: What’s happening to Sharman Networks and Kazaa in Australia may seem far removed from what’s happening in the US and elsewhere. But it’s worth bearing in mind that the Big Four record labels and Big Seven movie studios never institute anything, anywhere, that isn’t a part of their overall game-plan: to not merely gain control of how digital files are handled online, and by whom, but to wholly dominate it.
Here’s a second item from our “Anonymous Australian Music Industry Insider”
Spin is a wonderful thing
By AAMII
From around 11pm yesterday (December 5), users of the Kazaa site were greeted with the message: “The download of the Kazaa Media Desktop by users in Australia is not permitted.”
I expected a press release or message from the record companies congratulating Kazaa on taking steps to reduce authorization of infringement of their copyrighted materials. Maybe a victory dance. Something about mitigating potential losses while an effective long term filtering solution was adopted.
Instead, Felicity Moffatt, spokeswoman for the ARIA has been phoning journalists around Australia and saying Kazaa will be shut down because it hasn’t complied with the court’s orders to implement keyword filtering by December 5.
This is the same message the Stephen Peach was trumpeting last week: “There will have to be filters in place by December 5 or Kazaa will be shut down,” Peach, chief executive of the Aria, said in a statement on Monday.
Apparently Moffatt has been using words by Wilcox J. from the October 10 transcript: “they will get no sympathy from me and there will not be an extension beyond 5 December, even if that means closing down the Kazaa system”
Spin is a wonderful thing, and let’s have a look at EXACTLY what his honour said:
“HIS HONOUR: I think it’s going to take a week or two to organise a conference before a registrar. I think it’s inevitable that there will need to be follow up discussions. It would be a miracle if there was agreement on something of that meeting. I hope the registrar will put the wood on everybody to go away and look constructively and formulate how a protocol would work and I would hope the registrar would report that there is co-operation about this and there’s a protocol in place against the eventuality that order 4 survives the appeal.
If that doesn’t happen and the registrar’s report is that it’s the respondents who are at fault, they will get no sympathy from me and there will not be an extension beyond 5 December, even if that means closing down the Kazaa system. If on the other hand it appears that they have done all that they can and that there is no agreement perhaps because of your default, well, I would extend the stay until the Full Court dealt with it. That is the way in which there can be some discipline on constructive talking about 5. It is for the parties to discuss.
MR BANNON: But, your Honour, there’s no discipline on continuation of authorising infringement.
HIS HONOUR: Of course that’s so. That’s inherent in the appeal process. If one had the clairvoyance and you knew the outcome of the appeal, you could make a just order. If, for instance, the appeal succeeds and I got it all wrong, then it would be outrageous for me to have closed down Kazaa. On the other hand, if the appeal fails and what I said was right, then you’re suffering. I understand that. I’ve never known a case when that wasn’t true, but I’m not blessed with clairvoyance, and not even the technology in this case can get me that far.”
The ARIA spin ignores the fact the recording industry walked out on the court-ordered conclave process. It also abandoned development of an Audible Magic based protocol ,despite its approval and usage overseas by its parent companies, and despite its approval by their own experts.
Moffatt’s quote also ignores the other key statement from above: “If, for instance, the appeal succeeds and I got it all wrong, then it would be outrageous for me to have closed down Kazaa.”
In the following Nov 24 extract, His Honour also re-affirmed his intention not to shut Kazaa down.
“HIS HONOUR: I also am aware that we’ve got an appeal listed in two months time and if it was totally successful, then any order (against the Sharman parties) would have been misconceived and the damage that you would suffer would probably not be recompensed. I realise all that. I think I said on the last occasion, if I was blessed with clairvoyance it would be easy but I lack that virtue or that facility.
So what I am trying to do is something that will provide a reasonable protection for both parties, bearing in mind that I don’t know who is going to win. So that’s where I’m looking at and the applicants will tell me that there’s inadequate protection. I know that and if they’re entitled to win, this is inadequate and it’s unfair to them. On the other hand, anything that made you close down in the meantime would be unfair to you if you end up winning so that’s my problem.”
Even from paragraph 520 of the September 5 judgement:
“I am anxious not to make an order which the respondents are not able to obey, except at the unacceptable cost of preventing the sharing even of files which do not infringe the applicants’ copyright. There needs to be an opportunity for the relevant respondents to modify the Kazaa system in a targeted way, so as to protect the applicants’ copyright interests (as far as possible) but without unnecessarily intruding on others’ freedom of speech and communication.”
You just can’t satisfy some cartels!
Also read:-
second item – Oz Kazaa Kase: more, December 2, 2005
abandoned development – Big Music drops Audible Magic, December 1, 2005
December 6th, 2005 at 9:59 pm
Aren’t you interested to know how Kazaa came up with the idea to filter Australian IP’s?
Hi there,
I’m a lawyer from Israel dealing mainly with the Internet and I wrote several articles (in Hebrew) on the subject of file sharing software trying to drive the point that sharing music should be free and that there are economical models that would allow the music industry to benefit from such free and unlimited sharing of music.
I have some information regarding the latest move taken by Sharman Networks to block Australians from using Kazaa, the information would be very interesting to the public.
Aren’t you wondering how come the idea to filter Australian users instead of filtering content was never raised before yesterday? You must have noticed that in all the articles and statements made by Sharman Networks in the last several months and in all the court documents Sharman Networks had only 2 choices, either to install the content filter or to close its business, no one talked about a simple solution that would prevent Australians from using the software and still let the rest of the world enjot Kazaa like today.
The fact of the matter is that I emailed the idea to Sharman Networks some 10 days ago (see the email below) and also posted my idea as a talkback response in 2 articles about Kazaa that were published in Slyck.com (see links below). Sharman Networks obviously implemented my idea, currently without crediting me for it.
I think that the public has a right to know how Sharman Networks got to the idea that may save Kazaa. I sent them my idea to block Australians under the concept that information and ideas should also be shared on the Internet freely (not just media files). Sharing ideas without asking monetary compensation can be extremely beneficial to the Internet and to the world in general, as happened in this case. This is an important issue not just to me personally (as it may deter me from letting other people and companies free access to my ideas) but to the entire p2p community, that community has a right to know that the idea came from one of them.
I would appreciate if you make this inforamation public and and contact Sharman Networks to receive its comments.
Regards,
Itai Leshem, Tel-Aviv
+972-54-2172720
Here is the original email I sent to email addresses I found of Sharman Networks (I also forwarded it 2 days later to julie.fenwick@iicpr.com):
———- Forwarded message ———-
From: Itai Leshem <ileshem@gmail.com>
Date: Nov 25, 2005 7:00 PM
Subject: An Idea that may keep Sharman Networks alive
To: queries@sharmannews.com, sharman@iicpr.com
Hi,
I’m a guy from Israel working as a lawyer and I think you may want to hear an idea that may save Sharman Networks:
If the Australian courts are mainly concerned with piracy in Australia then instead of installing a filtering software for copyrighted content, simply don’t allow Austaralian surfers to use Kazza by letting Kazza check the IP of its users, so basically you filter the users instead of the content. The rest of the world would still be able to use Kazza like today and the Australian surfers can use a different P2P software.
Its a long shot because I am not familar with the Australian law, but if the Australian copyright laws are terrestrial then the courts should be satisfied with a solution that would prevent copyright violations in Australia only.
Please don’t descard this email before consulting a lawyer/manager in Sharman Networks.
Thanks,
Itai Leshem, Tel-Aviv.
Mobile +972542172720
———————————————————————————————————————————–
As I said I also posted my ideas as a talkback response on Slyck:
The 21st response here:
http://www.slyck.com/forums/viewtopic.php?t=16659
and the fifth response here:
http://www.slyck.com/forums/viewtopic.php?t=16731
———————————————————————————————————————————–
Knowing that the chances of my idea to reach managers in Sharman would increase if I contact as much people as possible in Sharman I also wrote my ideas, at the same date of sending the first emails (November 25) in the forms Kazaa provides below:
http://www.kazaa.com/us/contact/bug.htm
http://www.kazaa.com/us/contact/advertisingenquiry.htm
http://www.kazaa.com/us/contact/businessenquiry.htm
December 6th, 2005 at 11:31 pm
Dear Itai Leshem,
As an independent musician I would like to thank you for working on the model where music will be free and music industry aka RIAA will be happy. I hope you also working on the model where all the lawyers will be free too. That would be a great help because majority of musicians are not that rich and after one of your “free music” schemes kicks in we probably are going to have no money at all, so if it’s not that hard for you, man, we would like to have rent, food and health care for free too. And why only musicians should safer from “music should be free” idiotic statement? We are just part of entertainment industry. If music should be free than the whole entertainment industry should be free too and that includes prostitution where it’s legal, I hope.
Good point on IP filtering though, thanks.
Igor B.
December 7th, 2005 at 4:45 am
“free prostitution” is legal everywhere… last I heard.
December 7th, 2005 at 6:59 am
Dear Igor,
My ideas would allow musicians like yourself to earn more money than today (maybe even more than lawyers
). I promise to write an article on the subject, that would explain the concept, and try to get it online here.
Please stay tuned, I would like to hear your thoughts about it.
Itai Leshem
ileshem@gmail.com
December 8th, 2005 at 4:09 am
Fluff
Why should copyright holders be given protection for their creation for life plus ?
Their end effort produces a product of no value
Drug companies spend years developing a drug that saves or improves life, yet are protected for only twenty years
Farmers spend millions and get payed at rates that their grandfathers were payed.
The man who repairs your car does not get payed each time the car starts after a repair.
The plumber does not get payed each time you flush after a repair.
When Girl scouts sell you a cookie it,s yours.
When you buy a car, the manufacture does not have the right to tell you how to drive it.
If no music was played from this day on:
People would not die from its loss
There would be food to eat
there would be cloths to ware
there would be water to drink
there would be homes to live in
there would be cars to drive
there would be air to breath
there would be planes to fly
Life would change very little if at all, music is nothing more then fluff, how it’s become a top priority
for the government is beyond me.
The fluff salesman has done their job well i guess.