One of the more common requests for BitWise over the year is to add a feature whereby you could search other users' shared files en-masse a-la Kazaa. As much as this has been requested, we have always stood firm that this could attract a lot of unwanted attention from various entities looking to protect their rights. Now that Kazaa has successfully been sued and ordered to pay at least $100 million in fines, I am glad that we aren't already headed for that same legal mess. Full story at Inforworld.
I think that this is perhaps the most interesting part: "The U.S. Supreme Court last year said that file sharing software developers can be held liable for copyright infringements by their users. At the time Kazaa said that ruling wouldn't apply to it because Kazaa requires users to agree not to use the software to infringe on intellectual property." This sets a powerful precedent that you can't waive the legal responsibility of creating technology used to infringe. On one hand, it's unfortunate that companies are at the mercy of their users, but alternatively, assisting illegal activities has long been established by the legal system by the concept of an "accomplice." Whether we view Kazaa as an accomplice or a company abused by their users is probably a matter of perspective.
My next question is, why hasn't YouTube been slapped with a huge lawsuit yet? There's copyright infringement all over that site. I think it's only a matter of time, though... Kazaa had its day in the sun (just like Napster), and I predict that the sun will set on YouTube, sooner than later. They know what's going on. The precedent has been set. Good luck to them.
the video/sound quality on yourtube and google video is frankly pants, thats probably why the big companies arn't that bothered by them, watching some stuff on those sites could almost be advertising for the "real" thing or at less make you find a 1.35gb x-vid made of a film in 2 parts with AC3 6.1 sound >:-) that could be got from Kazza(esc) places...
I did hear some where that warnerbros or some one that big where entering some kind of agreement to allow yourtube to show some of its shows (legally)
It's really sad that a legitimate and useful tool is illegal because of a knuckleheaded judge. The responsibility lies with the individual, not the developer. According to that judge's premise, telephones should be illegal. After all, murders and robberies can be plotted on telephones, can't they?