Kazaa Media Desktop (once stylized as "KaZaA", but later usually written "Kazaa") is a former peer-to-peer file sharing application using the FastTrack protocol licensed by Joltid Ltd. and operated as Kazaa by Sharman Networks. Kazaa was subsequently under license as a legal music subscription service by Atrinsic, Inc.,[1] which lasted until August 2012. According to one of its creators, Jaan Tallinn, Kazaa is pronounced ka-ZAH (/kəˈzaː/).[2]
Morphies Law download for pc [License]
Kazaa Media Desktop was commonly used to exchange MP3 music files and other file types, such as videos, applications, and documents over the Internet. The Kazaa Media Desktop client could be downloaded free of charge; however, it was bundled with adware and for a period there were "No spyware" warnings found on Kazaa's website. During the years of Kazaa's operation, Sharman Networks and its business partners and associates were the target of copyright-related lawsuits, related to the copyright of content distributed via Kazaa Media Desktop on the FastTrack protocol.
Initially, some users of the Kazaa network were users of the Morpheus client program, formerly made available by MusicCity. Eventually, the official Kazaa client became more widespread. In February 2002, when Morpheus developers failed to pay license fees, Kazaa developers used an automatic update ability to shut out Morpheus clients by changing the protocol. Morpheus later became a client of the gnutella network.[citation needed]
On 5 December 2005, the Federal Court of Australia ceased downloads of Kazaa in Australia after Sharman Networks failed to modify their software by the 5 December deadline. Users with an Australian IP address were greeted with the message "Important Notice: The download of the Kazaa Media Desktop by users in Australia is not permitted" when visiting the Kazaa website. Sharman planned to appeal against the Australian decision, but ultimately settled the case as part of its global settlement with the record labels and studios in the United States.[11]
In yet another set of related cases, in September 2003, the Recording Industry Association of America (RIAA) filed suit in civil court against several private individuals who had shared large numbers of files with Kazaa;[12] most of these suits were settled with monetary payments averaging $3,000. Sharman Networks responded with a lawsuit against the RIAA, alleging that the terms of use of the network were violated and that unauthorized client software (such as Kazaa Lite, see below) was used in the investigation to track down the individual file sharers. An effort to throw out this suit was denied in January 2004. However, that suit was also settled in 2006 (see above). Most recently, in Duluth, Minnesota, the recording industry sued Jammie Thomas-Rasset, a 30-year-old single mother. On 5 October 2007, Thomas was ordered to pay the six record companies (Sony BMG, Arista Records LLC, Interscope Records, UMG Recordings Inc., Capitol Records Inc. and Warner Bros. Records Inc.) $9,250 for each of the 24 songs they had focused on in this case. She was accused of sharing a total of 1,702 songs through her Kazaa account. Along with attorney fees, Thomas may owe as much as half a million dollars. Thomas testified that she does not have a Kazaa account, but her testimony was complicated by the fact that she had replaced her computer's hard drive after the alleged downloading took place, and later than she originally said in a deposition before the trial.[13]
3.1 Subscription or Term License. Under the terms of a Subscription, or Term License, and subject to Your timely payment of any and all fees set forth in the Transaction Document and compliance with the terms and conditions of this Agreement, the Software is licensed to You for the period of time and scope set forth in the Transaction Document. If the term or Subscription is not specified in the Transaction Document, then the term is twelve (12) months.
3.3 Copyright and other Restrictions. Morpheus retains all rights, implied or otherwise, which are not expressly granted to You hereunder, and retains all rights, title and interest in and to the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and contains copyrighted material, trade secrets and other proprietary material of Morpheus. All right, title and interest in the Software remains at all times exclusively with Morpheus. End User will not disclose, transfer or otherwise make available the Software, or results of any tests of the Software, to any third party without the prior written consent of Morpheus. You may copy the Software solely for backup or archival purposes. You shall not use the Software or the Subscription for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, attempt, directly or indirectly, or allow any third party to attempt to (i) copy, modify, or create derivative works of the Software, Subscription, or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, Subscription, or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Software, Subscription, or Documentation, in whole or in part; (iv) remove any proprietary notices from the Software, Subscription, or Documentation; or (v) use the Software, Subscription, or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
3.8 Open Source Software. You acknowledge that certain third party software incorporated in the Software requires that Morpheus provide copyright notices and/or additional terms and conditions to You, which copyright notices and additional terms and conditions may be accessed at and are incorporated by reference into this Agreement. Use, reproduction and distribution of those components of the Software that are licensed under an open source software license are governed solely by the terms of that open source software license. To the extent that Morpheus incorporates any open source software into the Software, Morpheus shall have the responsibility to ensure that such Software is properly licensed.
9.4 Third Party Injunctive Action. If any third party obtains an injunction or other relief against Your use of any Product as a result of any claim described in above, or if Morpheus determines, in its reasonable discretion, that Your use of any Product may be subject to any such claim, Morpheus shall, at its own expense and option, either (i) procure for You the right to continue using such Product, (ii) replace such Product with a Product of substantially equal or greater functionality, or (iii) modify such Product to avoid a claim; provided, however, that after any such replacement or modification, the Product must continue to conform to its original Functional Requirements and Documentation, and further provided, that any modified or replaced Product shall be subject to any applicable warranty contained herein. If You determine that none of the foregoing alternatives provide a reasonable remedy, You may terminate all or any part of this Agreement and recover the balance of any prepaid license fees.
10.3 In the event of a Termination, Morpheus may terminate Your license, whereupon You must destroy all copies of the Software, with all other rights and obligations of both parties and all other provisions of this Agreement surviving any such termination.
This Guide covers only US-based legal questions. Since podcasts are typically distributed world wide, legal issues from other jurisdictions are relevant for you but we are unable to include them at this time. We have released this Guide under a Creative Commons license that permits derivatives works and so we hope that practitioners in other jurisdictions will translate and adapt this Guide for their jurisdictions. Please let us know if you do by emailing podcasting@vogelelaw.com so that we can link to your version of the Guide.
Creative Commons' licenses clearly signal to the public which uses you may make under the terms of the license and which uses require separate and specific permission is necessary. This means that it is important to check the terms of the applicable Creative Commons license to identify the relevant uses that are authorized in advance. Compliance with the terms of the Creative Commons license is necessary because otherwise the license terminates and then your use will become infringing.
If you use Creative Commons-licensed work in your podcast, you will need to provide attribution in the manner specified by the author and/or licensor. In addition, you must keep intact any copyright notices that accompany the work; include the title of the work; and, any Uniform Resource Indicator that is provided by the licensor which also includes copyright or licensing information about the work. You also need to retain a notice or URL for the license and the warranty disclaimer that applies to the work with each copy you make and distribute of it.
All of the Sampling licenses require that you attribute the original work and retain notice of the applicable license, similar to the corresponding requirements discussed in relation to the core CC-licensing suite (see the discussion above at the start of this section). One additional thing to note to ensure your compliance with the Sampling licenses' terms is that when you attribute the original work and its creator, you must acknowledge that your derived work is a remix or includes only a portion of the original work.
One thing to note about Creative Commons licensed content generally - you should be aware that all of the licenses contain a disclaimer of warranties, so there is no assurance whatsoever that the licensor has all the necessary rights to permit reuse of the licensed work. (Note: this applies to version 2.0 licenses and up; the version 1.0 CC licenses included a warranty of title). The disclaimer means that the licensor is not guaranteeing anything about the work, including that she owns the copyright to it, or that she has cleared any uses of third-party content that her work may be based on or incorporate. 2ff7e9595c
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