Named in StreamCast vs eBay
p2p news / p2pnet: “The bizarre shenanigans that led to a recent blood feud between StreamCast Networks (makers of the Morpheus P2P client) and Kazaa, Skype, and Altnet aren’t over yet,” says Ars Technica.
“StreamCast has just expanded its lawsuit against the firms to include eBay, Skype’s new owner. With the new addition, the stakes in the case are substantially higher – StreamCast is now asking for US$4 billion in actual damages, US$12 billion in treble damages, along with various and sundry other damages and fines.
“The amended court filing details a labyrinthine story of alleged greed, backstabbing, and conspiracy that culminated in Morpheus being mysteriously booted from the FastTrack network in 2002, a move that StreamCast says cost it millions of customers. The shutdown was allegedly done by the original founders of Kazaa (who later founded Skype) with the goal of selling FastTrack technology exclusively to Sharman Networks. In the end, though, like most such cases, it’s about money.”
Morpheus is also demanding a world-wide injunction on the sale and marketing of eBay’s Skype VoIP products, as well as taking a page out of RIAA victim Tanya Andersen’s book by suing it under the RICO (Racketeering Influenced and Corrupt Organization) Act.
“We’re taking action because we believe the rights to the Skype and FastTrack technologies were swept out from under our feet, and our 28 million Morpheus users were stolen from us,” says StreamCast ceo Michael Weiss.
However, eBay isn’t alone. Also named are:
- Nikki Hemming
- Kevin Bermeister
- Mark Dyne
- Niklas Zennstrom
- Janus Friis
- La Galiote BV
- Joltid OU
- Indigo Investment BV
- FastTrack, BV
- Kazaa, BV
- Blastoise, Ltd
- Brilliant Digital Entertainment
- Altnet
- Murray Markiles
- Blue Moon
- Sharman Networks
- LEF Interactivity Pty Ltd
- EuroCapital Advisors, LLC
“Each of the various corporate entities formed by Zenstrom, Friss, Bermeister, Dyne, Hemming, Markiles and unknown others are nothing more than a sham in an attempt to wrongfully insulate them from personal liability and to perpetrate a fraud,” says the StreamCast complaint.
Sharman owns Kazaa, (pronounciation similar to Kazoo) the p2p application developed by Zenstrom and Friss which, once sold to Sharman, was used to almost single-handedly introduce spyware and malware to the internet. In addition, most of the around 19,000 people, including young children, currently being sued in America by the Big Four Organized Music cartel’s RIAA (Recording Industry Association of America) were using Kazaa.
StopBadware.org, started by the Harvard Law School’s Berkman Center for Internet & Society and Oxford University’s Oxford Internet Institute, with support from Google, Lenovo and Sun Microsystems, says Sharman’s Kazaa, “misleadingly advertises itself as spyware-free,” and doesn’t, “completely remove all components during the uninstall process, interferes with computer use, and makes undisclosed modifications to other software”.
Interestingly, Sharman and Hemming, also being sued by the music industry in Australia, are attacking p2pnet for allegedly besmirching their good names.
As the writ, filed in p2pnet’s home province of British Columbia in Canada phrases it, S&H are, “jointly and severally” suing p2pnet for, “general, aggravated, special and punitive damages for false and defamatory expression”.
Also See:
Ars Technica – StreamCast sues eBay, May 26, 2006
spyware-free – Spyware Kazaa slammed, March 22, 2006
p2pnet newsfeeds for your site.
rss feed: http://p2pnet.net/p2p.rss
Mobile – http://p2pnet.net/index-wml.php
May 27th, 2006 at 10:02 pm
you back again? I wish Jon didn’t believe in free speech then he’d delete your posts and we wouldn’t have to read your drivel.
Rick
May 27th, 2006 at 10:11 pm
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
Fess up,
Your lying and you know it.
Step 1. Read the PDF document about the suit, find the line items
that Sharman is suing over.
Step 2. Research. They are not available here anymore, but they
CAN be found. Find them. READ them.
After READING them, I think you’ll see whats really going on.
Hard to spin that.
The readership here is a WHOLE LOT SMARTER than your micro-mind
can comprehend.
-= This is a stock response to our pet troll =-
-= Since it repeats the same drivel =-
-= It deserves nothing more =-
May 27th, 2006 at 10:51 pm
It you again, it getting so like last weeks posts, borring!
May 27th, 2006 at 11:50 pm
Actually the troll is lucky Jon isn’t giving me his IP address for the same reason he isn’t giving the Doe ones.
May 28th, 2006 at 12:26 am
if he believed in free speech he would leave all p;osts up and not choose to re-cycle his stories to perpetuate some vendetta he nows seems to be fanning. apparently your idea of free speech included exiling anyone who doesn’t agree with you, kinda of key a bit hey?
May 28th, 2006 at 12:28 am
its good to see that all of John’s readers know he can actually give up ip addresses. I’m sure that the old I can’t do that ’cause its an open source site is one that John has already tried to use
May 28th, 2006 at 12:29 am
try adding John’s lame attempt at a defence to that list troll…the inconsistencies start to add up but then John this increased traffic will mean that you can afford the lawyer and the damages
May 28th, 2006 at 12:30 am
now that’s just being a bit to harsh on John, its only about making money and spinning the wheels for that reason. I’m not sure that he htes Hemming, she might just be a convenient target for this profit making exercise
May 28th, 2006 at 12:52 am
This guy cracks me up. I love reading his stuff and laughing. first he’ll never read the pdf file on the charges, he’d rather spout off a bunch on nonsense that the court documents doesn’t support. Second this site is privatly owned and Jon has the right to set whatever boundrys he wants. has nothing to do with free speech. third he would delete these posts if he wanted but he doesn’t. Fourth I don’t remember Jon ever saying he doesn’t have access to the IP addresses. He said he doesn’t know who these pollsters are and won’t give out the ip addresses because of privacy. Fifth his name is Jon, not John. Use your spell checker, your lack of grammer only embarasses you.
Now that the facts are out go ahead and ignor them and continue with your retoric.
Rick
May 28th, 2006 at 1:53 am
Actually, Rick, since you mention it, and as I told Sharman and Hemming right at the beginning of this, I _don’t_ have access to the IP addresses. And I’ve never had it.
I say on the registration, “The information you provide is for us, and no one else. That’s a promise and a carved-in-rock guarantee.” But that refers only to name, or nick, email, date of birth and whether or not the person registering wants to go on the newsletter list. That’s it. Nothing else.
I don’t know, nor do I want to know, anyone’s IP address.
Even if I had it, as I’ve said several times elsewhere, to me an anonymous post is the same as a confidential source. And I’d never give up a confidential source.
And finally, on all these negative comments, I really don’t know why they’re being posted, but I’ll say this to whoever is behind them: If it’s me you don’t like and are trying to hurt for some reason, this isn’t the place to vent your spleen.
You can believe it or not, but I’m defending this law suit because I truly believe everyone has the right to say what they think without fear.
Unfortunately, this also means I also have to give free reign to people with small minds and mean spirits who have no agenda other than to lash out blindly at things they don’t understand, or when something confuses or, for some reason, offends them.
As Russell McOrmond said, “I do agree that our belief in free speech is not tested by protecting speech we agree with, but the willingness to protect speech that we find appalling.”
http://p2pnet.net/index.php?page=reply&story=8896&parent=42410
Cheers!
May 28th, 2006 at 2:15 am
My aplogies about the IP addresses Jon.
May 28th, 2006 at 2:22 am
I should think so, you really put John on the spot with this, now he has to admit that he used an anonymous post to fill in a news story, well maybe not here but when he finally faces a court they will want to know which one he has decided to chose on the day as his defence
May 28th, 2006 at 3:03 am
good god what a sorry ass mutant puke you are troll.
May 28th, 2006 at 3:05 am
You’re an idiot if you think a court will listen to my incoherrant ramblings over something I misinterpruted against hard facts and Jon’s consistant and documented statements.
May 28th, 2006 at 3:06 am
admit it troll. your moommas special little boy, aren’t you
May 28th, 2006 at 3:08 am
the one true thing
the troll is an idiot
May 28th, 2006 at 3:17 am
I feel so bad that I’ve violated one of my rules I’ve tried to go by. I’ve been feeding the Troll and he’s got an appitie just like the Tribbles in star Trek. The more I feed him the nastier and more obnoxious he gets. I’m putting away my bag of feed now and my aplogies to all.
Rick
May 28th, 2006 at 6:00 am
wonder if kazaa would get a better shake if they’d taken up your offer of advertising?
May 28th, 2006 at 6:02 am
your eloquence is as apparent as your ability to grasp the facts here, John is still waiting to decide if he will tell us all if he posted a flame and a news story morphed into a news story or if his advertisers get favourable coverage
May 28th, 2006 at 6:03 am
Is feeding the troll one of those nerd expressions for falling over your own inconsistencies evertime you are confronted by someone who doesn’t blindly follow the mob mentality here
May 28th, 2006 at 6:04 am
I don’t have a mooma and the publisher of this site is not a publisher he’s merely an content filter until he bills advertisers
May 28th, 2006 at 8:57 am
Having viewed each and every post on this article, the only conclusion I can make is that no one is saying anything. An awful lot of verbiage filling a lot of space and not one iota of factual documentation — no assertions have been made that are supported by logic or even common sense.
There is a preponderance of innuendo and baiting — the sort of intellectual sophistry associated with “Your Momma Wears Army Boots and Your Brother Wears Funny Dresses”.
But please continue. I am certain that the entertainment value easily exceeds a good “Three Stooges” movie for a lot of people. For my part, I found it to be a horrid waste of time.
And by the way, his name is JON, not JOHN — just in case you ever decide to actually learn anything of more pressing value than has been expressed in these posts.
May 28th, 2006 at 9:01 am
apparently the spelling of a name is important but not subjecting someone to libel by mixing an anonymous lame with a news report, isn’t it interesting the intellectual gymnastics required to overlook the earlier injustice being passed off as a commercial opportunity for John
May 28th, 2006 at 9:02 am
is there no end to the personal vilification that John will allow on this site if it suits him? Cpongrats John, close to rock bottom now, free speech when its directed against anyone that’s not liked or disagrees, I seem to remember a politician who once thought that kind of free speech was ok
May 28th, 2006 at 9:04 am
“feeding the troll” is arguing with someone who has absolutly no interest in anything, other than badmounthing p2pnet and/or Jon.
Hey, who cares if anyone from any corporation can get your name and address with a trumped up libel suit subpoena? Calling Jon as many names as you can think of is the most important thing here…right?
May 28th, 2006 at 10:43 am
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
“is there no end to the personal vilification that John will allow on this site if it suits him? ”
Apparently not.
Your troll posts are still here, aren’t they.
They are obvious falsehoods, and yet … still here.
Your presence is the best proof of your lies
May 28th, 2006 at 10:48 am
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
He doesn’t need to tell us.
Anyone who wants to know the situation can …
Start here ..
http://www.theregister.co.uk/2006/05/18/kazaa_sues_p2pnet/
The UK Register.
They have a link to the complaint.
Don’t like it, sue the Register.
Oh WAIT , can’t do that .. They can afford to fight.
Next,
Find the line items.
They are NOT available on this site any more, but Google is
magic, is it not ?
May 28th, 2006 at 10:49 am
lol .. i’ll bet you don’t
May 28th, 2006 at 10:52 am
“confronted by someone who doesn’t blindly follow the mob mentality here ”
???
LOLOLOLOLOLLOLOLOLOLOL !!!!!!!!
haa haa HAAA HAA Hheeeeeee hooo hahahahahaha !!!!
This from someone who is desperate to create a lynch mob
mentality.
You’re a “pepper” aren’t you ?
Part of an ORIGINAL crowd .
LOLOL
May 28th, 2006 at 10:56 am
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
“falling over your own inconsistencies evertime ”
To see what the Troll refuses to acknowledge …..
Start here ..
http://www.theregister.co.uk/2006/05/18/kazaa_sues_p2pnet/
The UK Register.
They have a link to the complaint.
Don’t like it, sue the Register.
Oh WAIT , can’t do that .. They can afford to fight.
Next,
Find the line items.
They are NOT available on this site any more, but Google is
magic, is it not ?
May 28th, 2006 at 11:04 am
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
Don’t feel bad Rick,
This particular troll is special.
Look at how many posts, he makes ….
Look at how many different threads he attacks …
Look at how hard he tries to look like many different posters.
This is a paid professional.
What he wants more than anything else, is for Jon to
respond directly, to add fuel for the suit.
That’s why I just point everyone to the PUBLICLY AVAILABLE
references for the suit.
P2Pnet readers are NOT fools.
They will reference the .PDF
They will find the items.
Thus, the troll is his own worst enemy by …
1. Sounding like a fanatic
2. Acting as a pointer to the PUBLIC references that I am
linking.
Use a stock post, Rick with links to the .pdf
The readers here know how to get the rest
Dreddsnik
May 28th, 2006 at 2:46 pm
These threads speak eloquently to the need for registration on this site.
This fool everybody has been feeding is having a wonderful time. It is getting attention. People are addressing it and answering its purile postings. Don’t any of you realise that you are giving it exactly what it needs and wants?
It has been said many times here and elsewhere, DO NOT FEED THE TROLLS!
Someone has suggested that this is a paid professional.
That is prtobably not the case but either way Sharman and Ms Hemming must be loving this. It draws attention away from the real issues and that is perfect for them. It is exactly what they want.
Well done, chaps. Good job.
DO NOT FEED THE TROLLS!
May 28th, 2006 at 3:09 pm
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
” These threads speak eloquently to the need for registration on this site. ”
Interesting.
With registration, the information Sharman wants would actually
be in Jon’s hands for Sharman to wring out of him.
Without registration, no amount of chest thumping can get
information that doesn’t exist.
The troll mentioned user registration in one of his other guises.
” That is prtobably not the case but either way Sharman and Ms Hemming must be loving this. It draws attention away from the real issues and that is perfect for them. ”
Yes, he does. And he is deliberately misleading as well.
That is why I have begun to simply post sources to the
Suit information. This way, when the Troll draws attention
away, I bring it right back, with reference points.
Probably not the case ?
An AWFUL lot of effort is being put forth by the troll.
You know with the mutiple personalities and all, don’t YOU
think so, you anonymous mystery person ?
Why did I say it THAT way ???
Two reasons
First,
Registration would allow anyone with wealth that didn’t like what
you said, to bully the info out of a small site. No more mister
anonymous.
If Sharman wins this suit …well read the previous paragraph.
A lot of very wealthy folks with secrets to keep need a precedent
like this to shut bloggers up.
Second,
……
May 28th, 2006 at 3:22 pm
aaaaaaaaaa
May 28th, 2006 at 5:10 pm
“Don’t any of you realise that you are giving it exactly what it needs and wants?”
Uh….yeah……, I was wrong. that’s what my post above says. I was the major ofender on this thread, I’ve admitted it and tried to move on. so why did this lecture need to happen?
BTW I love how you refered to the troll as “it”.
Rick
May 28th, 2006 at 5:34 pm
I find the majority of posts here nothing but troll baiting and responce. They’ve nothing to do with the story at hand and so after reading them all, I find it a huge waste of time.
I wish there were some way to distinglish the troll posts from the actual worthy responces so that I wouldn’t have to waste my time with verbage that is in essence nothing but hot air and get to the stuff that has the article in mind with the comments.
I’ve sort of slacked off on readership and responce, not because I don’t like the articles but because of the time wasted in filtering out what is un-needed garbage. I’m a long term member and reader of this site; I never ever post as anything but anonymous (coward). Simply the words will stand on their own or won’t, no need of identification to couple with those words. I chose that on purpose. While having a log in, I chose not to use it except for the rare cases. This doesn’t prove to be one of them.
For whatever reason “The Troll” chooses to visit, is not my concern. His disruptions are a waste of time to read. This is the first and last responce I will make to it, as I don’t believe in feeding one but rather perfer to put them on starvation diets.
May 28th, 2006 at 6:06 pm
I see that while all this trolling and not trolling is goinbg on veryt few are bothering about putting anything into the blog suit campanign.
It is at http://www.blogsuit.org
May 28th, 2006 at 9:01 pm
whos been exlied ?
your still here ?
Who’s been exiled ?
Wher’s your proof ?
Iam curious
tell me , who ?
May 28th, 2006 at 9:04 pm
“if he believed in free speech he would leave all p;osts up ”
Ae you talking about those posts about Sharman that are missing
Jon was ordered by Sharman to remove them.
Isn’t that like Charmin suppressing free speech, not jon ?
May 28th, 2006 at 9:22 pm
ordered hehe – like sharlatan can order anything
sharlatan made a request to protect their valuable name and the request was answsered but that didnt do it for them becauas what they really wanted was the ip address which jon says he doesnt have and i believe him
May 29th, 2006 at 8:24 am
de-personalising someone you don’t agree with is dishonest ratther than free speech in its true form and the fact that you love it only confuses us, is it the troll that you love?
May 29th, 2006 at 8:25 am
People aren’t distracted by the debate they just get that John has to defend himself and it wont cost a cent to prove the truth of the news story/flame he published as news if it is true
May 29th, 2006 at 4:25 pm
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
” Doesn’t this post just prove the point that unless you are feeding the chosen few on this site you are not entitled to practice free speech merely have an entitlement to be subjected to it. ”
Actually Kazaa using it’s cash base to stifle opinions they don’t like
is a MUCH better example of keeping free speech for the
chosen few.
Anyone who wants to know the situation can …
Start here ..
http://www.theregister.co.uk/2006/05/18/kazaa_sues_p2pnet/
The UK Register.
They have a link to the complaint.
Don’t like it, sue the Register.
Oh WAIT , can’t do that .. They can afford to fight.
Next,
Find the line items.
They are NOT available on this site any more, but Google is
magic, is it not ?
May 29th, 2006 at 4:27 pm
“People aren’t distracted by the debate they just get that John has to defend himself and it wont cost a cent to prove the truth of the news story/flame he published as news if it is true ”
He is defending himself.
In a court of law, where it is appropriate.
And you are right, proof doesn’t cost a cent …..
Anyone who wants to know the situation can …
Start here ..
http://www.theregister.co.uk/2006/05/18/kazaa_sues_p2pnet/
The UK Register.
They have a link to the complaint.
Don’t like it, sue the Register.
Oh WAIT , can’t do that .. They can afford to fight.
Next,
Find the line items.
They are NOT available on this site any more, but Google is
magic, is it not ?
May 30th, 2006 at 7:50 pm
http://gofreespeech.info/p2pnetsuit.pdf
May 30th, 2006 at 8:17 pm
What happens if someone puts up nasty comments online about things that may not be true? Where do you draw the line? Does that amount to free speech? What if for example it was about your own young child?
Think about it for a moment. Imagine there were awful disgusting comments on the site about your own child – do you think that the poster should be allowed to be anonymous? That is the question here!
Lets have some real debate here on this subject instead of non-sensical back and forth slams.
May 30th, 2006 at 11:42 pm
-= Disclaimer:This is just my opinion. =-
- As such I’m NOT suggesting any comment following –
- this preface is true. In fact I live in a fairy-tale –
- and nothing I say should be taken seriously. –
This was posted in another thread ——
“What happens if someone puts up nasty comments online about things that may not be true? Where do you draw the line? Does that amount to free speech? What if for example it was about your own young child?
Think about it for a moment. Imagine there were awful disgusting comments on the site about your own child – do you think that the poster should be allowed to be anonymous? That is the question here!
Lets have some real debate here on this subject instead of non-sensical back and forth slams. ”
————————————-
Same troll Different tune …
Same answer I gave in the othe thread .
The case against P2Pnet is nothing like, or has nothing to do with
the statement above.
Start here ..
http://s5.quicksharing.com/v/4797947/P2Pnetsuit.zip.html
I checked this link out.
It is a free file host site.
The zip file contains a PDF of the court papers, and
a text file with additional info … virus free
Read everything there, then, we can have a good debate
on solid facts. Doest that sound fair and reasonable ?
Debates on emotionally charged examples, that don’t apply to
the real situation only serve to cause knee-jerk, emotional reactions, and THAT’S not true debate.
May 30th, 2006 at 11:46 pm
-= Disclaimer: This is just my opinion. =-
- As such I’m NOT suggesting any comment -
- following this preface is true.In fact -
- I live in a fairy-tale and nothing I -
- say should be taken seriously. -
http://s5.quicksharing.com/v/4797947/P2Pnetsuit.zip.html
I checked the file located here personally.
Not only does it have the PDF of the suit, the
text file appears to have all the line items referred in the suit.
Someone did there homework, it appears.
May 31st, 2006 at 5:22 am
Broken record.
June 1st, 2006 at 3:31 pm
this link is clean … the quicksharing file is a zip which could be problematic. Zips can contain anything.
dont like using zip files- this one works
http://gofreespeech.info/p2pnetsuit.pdf
June 3rd, 2006 at 3:19 pm
I’ve deleted a number of troll/shill posts in the same way that I’ve been deleting insulting comment posts on Nikki Hemming.
They flagrantly attempted to discredit the site and denigrated me personally, and they had nothing to do with the issues under discussion.
Cheers!
June 3rd, 2006 at 3:31 pm
What too yoiu so long?