Comments on: Kazaa sues p2pnet

By: Reader's Write

Reader's Write — Wed, 07 Jun 2006 23:52:41 +0000

Take that. Claimed infringment is permanent and the combat target is unstoppable and spreads like the cockroaches. No need to pay the laywers. You will be driven to bankruptcy just like TSR did to GDW ( http://www.darkshire.net/jhkim/rpg/copyright/cases/tsr_vs_gdw.txt, http://www.darkshire.net/jhkim/rpg/copyright/cases/tsr_vs_gdw2.txt ) Make sure to remove the ads and comments (most of top/left/right/bottom framing) to control archive size.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 20:04:40 +0000

“There has already been cases such as this in canada where the Hosting party was lso sued. Court found them not liable.”

Now would be a good time for you to back up this statement with links to case files.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 17:44:39 +0000

go back to your day job at the record company

By: Reader's Write

Reader's Write — Tue, 23 May 2006 17:43:14 +0000

you do aparently…..if they are so irrelevant then why did this site publish something that caused Sharman to take action and lets not forget that they probably sent a standard publisher letter asking for co-operation but got all this crap……..any denils on that one Jon?

By: Reader's Write

Reader's Write — Tue, 23 May 2006 16:51:42 +0000

There has already been cases such as this in canada where the Hosting party was lso sued. Court found them not liable.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 16:30:22 +0000

This whole situation is a joke but not for Jon unfortunately, I am not sure about Canada but I know that a case in |Germany springs to mind and the ruling was that the site owner was responsible for posts made by people but that is Germany, perhaps there has never been such a case as this in Canada and this will set a precedent.
However I should think that Sharmans solicitors are having a laugh (all the way to the bank)Yes of course the IP’s could be traced but that then means that even if they were granted a court order that will need to be done in the country that the isp owner is in I would also imagine that a new case would have to be brought in that country for libel against the poster ( assuming they didn’t use a proxy ) and that is assuming that libel is proven, it all starts getting rather messy and very expensive and do they really think they will recover thier costs even if they were succesfull, and regardless of the outcome people will still have thier own personal opinions.
And another point is why have they issued against the hosting Co, I believe this stands in most countries that Isp’s and hosting Co’s can not be held responsible for what is hosted, and have to be told if something is hosted that is objectionable, not just issue proceedings against them.
And my last little rant (sorry to go on) Where I am a judge would laugh his head off at the spelling mistakes and gramatical errors on a legal document.
I agree that to me this seems like a personal vendetta which a judge worth his salt would see straight through.
Sorry that was so long

By: Reader's Write

Reader's Write — Tue, 23 May 2006 15:15:39 +0000

“…the story would have to be proved libel.”

**********

no…jon has to prove that the comments were not libelous. sharman does not have to prove a thing because the court where jon is assumes the defendant is guilty from the start in libel cases and it’s jon’s responsibility to prove otherwise.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 12:22:48 +0000

A court would never do that. At least not up here. If this was even going to court which Im sure it wont. This bad press is not what Kazzaa is going to be wanting. I mean come on suing someone who is for the support of p2p networks. Im already seeing several sites pulling their support for Kazza. Anyways before the courts would even think about releasing ip info the story would have to be proved libel. And seeing several other sites have the same story makes me wonder why they are picking on Jon.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 11:44:10 +0000

IP’s are not private but the identity of the IP user is and that should take a court order for it to be released by the isp.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 10:30:40 +0000

it would only be evidence if logs of the ip are kept. Some sites do keep logs of ips to see where people may be viewing there site from. but it doesnt take much to delete the logs. Some sites that dont want to take a chance saving ips routinly delete the ip logs. And a ip doesnt mean they can find out who it is that made the post. There is no way a court would release the info on the ips if they existed. People can use proxies or even their neighbors wireless connection and most places nowadays have free WiFi so ips can basically be pointless.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 08:37:55 +0000

You are reading this incorrectly. An IP address is not considered private in Canada. Nor is it in the USA. Case law has already determined that. If you use a website, you are giving your IP address automatically. It is no different to sending a letter with your return address on the envelope, or mailing a check with your personal address on it. This is not private information as in a libel case, it is part of the discoverable evidence!

By: Reader's Write

Reader's Write — Tue, 23 May 2006 07:12:44 +0000

I read all the comments before on a different computer and now when I come here I don’t know where I left off, because some goes on the bottom of the page and some new posts go on top. You would be better off with a forum with its linear mode than this messaging system with its threaded mode.

Anyways I noticed in the pdf file complaint that they mentioned “Readers Write”, yet here in the thread links they provided everybody was “Reader’s Write”. So who is the complaint directed against? And there was a date posted of 06 May 2001 for (e) and (i), so it looks like the complaint is loaded with errors and should be dismissed.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 04:49:50 +0000

that Jon isn’t a company and therefore isn’t worried about 3rd quarter profit margins, private jets for the executives and…offshore tax shelters…

By: Reader's Write

Reader's Write — Tue, 23 May 2006 04:21:42 +0000

neither Jon nor the ISP can just hand over private information. A persons IP is considered private information in Canada. http://www.privcom.gc.ca/

In addition if the ISP or Jon just forks it over, they can be sued by http://www.privcom.gc.ca/ and the person to whom the private info belongs to.

Also, BC has its own privacy laws in addition to those at http://www.privcom.gc.ca/ he can also be sued by that prov’s privacy comm.

So no, he can’t just fork it over, nor can the ISP. Would take a court order and in addition to that, the person has to be contacted and that person can deny the request and normally has a week to legaly file and block private info from being given. Which is another court issue.

All this can be read at http://www.privcom.gc.ca/
And also on BC’s provincial privacy site.

This issue will be determined by the court and the lawyers of the jane/john Doe’s (if need be) not by the lawyer of the kaza people, Jon or the ISP.

Its not that simple to get (or give) someones private info in Canada. Its easier to sue for libel.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 02:39:54 +0000

Which is why the ISP, p2pnet and Does are all named in the lawsuit. It’s standard sue-em-all practice when you’re not sure who you’re going after and if they’ve got funds to pay for damages. This begs the question though, why aren’t they going after the Associated Press? Is Sharman taking clues from entertainement industry tactics? Like why Google isn’t hit with lawsuits for referencing torrent files and “joe hobby” tracker sites are.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 02:17:28 +0000

but if Jon doesn’t log this kind of information (http://www.p2pnet.net/privacy.html) then he can’t just hand it over…

What use is an ISP in this as well, besides providing Jon with his Internet connection, I believe his webserver is hosted with someone other than his ISP, so it’ll be his webserver that could log who views the site….

By: Reader's Write

Reader's Write — Tue, 23 May 2006 01:34:34 +0000

Dont know where you are living but how do you think the record companies RIAA are getting to file these thousands of lawsuits if they dont have the IP information? Of course all ISP\\\’s have the info. Basic Internet 101.

Everytime you hit a site it records your IP…just try going whatsmyip.org – simple it will tell you what your IP is! You shouldnt be using the net if you don\\\’t know the basics! There is less protection of identity here than anywhere! Jon can look up anyones information from them hitting the site, so can his ISP, so can your ISP and a court can order any of them to hand this info over.
Also you don\\\’t need to live in Canada to have this handed over. This information is already in Canada by hitting the site!

By: Reader's Write

Reader's Write — Tue, 23 May 2006 01:25:54 +0000

you’ve got the wrong end of the stick on this.

this lawsuit and this website are not the arenas for this type of argument. and this type of silly argument has the force to split the p2p community into sides. there are only 2 sides. it’s us vs. them. that’s it. and if you allow it to fester and grow, it will have achieved exactly what the cartels and sharman want to achieve.

don’t fall into the blame game. do what you can and leave it at that.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 01:23:34 +0000

you’ve got the wrong end of the stick on this.

please refrain from pointing fingers and daring people to put up or shut up. you’re anonymous but at least rafael signs his name. where’s your money, huh? see how silly it is? i don’t know who you are and would have no way of verifying if you’ve donated. so what business is it of yours if rafael donates or not? what business is it of mine to even ask you if you donated?

there are plenty of people who will donate and plenty who can’t but who will support jon in other ways that can’t be measured in dollars and cents.

don’t fall into the blame game. do what you can and leave it at that.

By: Reader's Write

Reader's Write — Tue, 23 May 2006 00:34:39 +0000

Make sure you take money out of yor paypal account as fast you can Jon. You know paypal rips people off as much as they can. Just a little warning…don’t let it build up.