Kazaa changes its End User License Agreement to block RIAA

I just posted the article Kazaa changes its End User License Agreement to block RIAA.

This news item has been lingering in our news submits for some time now since we were not sure if the news was really accurate. A few days ago DrJ used our news submit to tell us…

Read the full article here:  [http://www.cdfreaks.com/news/6899-Kazaa-changes-its-End-User-License-Agreement-to-block-RIAA.html](http://www.cdfreaks.com/news/6899-Kazaa-changes-its-End-User-License-Agreement-to-block-RIAA.html)

Feel free to add your comments below. 

Please note that the reactions from the complete site will be synched below.

But if the RIAA and the companies they hire only run an older version of Kazaa, or a 3rd party client like Kazaa Lite, do they even need to adhire to the new policy, assuming the EULA comes in the Kazaa installer, or does Kazaa download the EULA from their website? Too many factors here!
[edited by Rhelic on 16.10.2003 18:51]

Changing the EULA in an attempt to block the RIAA from collecting personal information on its users is nice and all but really, can you honestly picture some idiot in a suit at the RIAA saying to his fellow executives, “Damn!, well I guess our days of pilfering KaZaA’s userbase with nuisance lawsuits is over, So what’ll it be for lunch boys? lobster? or snail?” From a more general perspective the attitude of my colleges and myself regarding d/l’ing copyrighted media has changed somewhat over the past few years. Initially I did it out of convenience, (e.g. grabbing the one song I liked rather than purchasing the whole CD). Now, due largly to the indignent actions of the RIAA and MPAA it’s personal. I find myself grabbing stuff I wouldn’t otherwise get simply out of spite. God Bless high-speed internet connections!

Kazaa should force an upgrade to a version with the new EULA. And when the RIAA violates it, the judge has to rule in favor of Kazaa. If he throws out the EULA, then software pirates can use that case to defend themselves if they get sued.

I’d agree with GezusK here. If you force an upgrade, and the new EULA is part of it, then the RIAA can’t legally collect information, nor can the MPAA or any other group. Now, if something manages to go to court, and the person accused of copyright infrigement challenges it and the judge rules in favor of him/her, then the RIAA is screwed, and all other P2P apps add this to their EULA, and P2P is going to live for another day. But, if the judge decides that the EULA can’t be entered as ‘evidence,’ then it can’t be entered into any case, so you are basically free to break any and every EULA, so software piracy is uncontrollable. Perhaps there might be a 28th amendment out of all this…

The American court system has double standards though. More then likely a judge would throw out kazaa’s EULA but keep another companies, like Microsoft’s in.
[edited by chsbiking on 17.10.2003 00:06]

I don’t think forcing an upgrade is possible, as there is no central server. At best, you could make the new version incompatible with older versions (but keep backward compatability). As long as there are other clients running the same version as you, you are able to connect and download from them, I think.

I’ve seen this news posted on quite a few sites now, so it should be accurate… To be honest, I hardly ever look at an EULA and I think most users just click agree without thoroughly reading it either. Anyhow, I agree that an update should be pushed in order to use the EULA. Dennis: Thanks for posting this news. I wouldn’t want to submit news that isn’t accurate…

Well, in studying EULA’s in college, it usually has a clause that says “EULA conditions and terms subject to change with out notice”, and you agree to what ever the new EULA could be before it is ever created… this would cover the whole "forcing to download the new EULA hassle… So I’m sure that is could be the case… but I’m not a lawyer so don’t quote me on this, but I have seen this in Microsoft’s EULA’s HP’s etc… It’s usually quite common… a way of covering their rear’s if they get caught in a sling. So this may help iron things out on this topic :slight_smile: