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Kazaa sues P2P net for libel

Support a worthy course! This is from P2P net:

I’ve been doing my level best to keep this low key and between myself and Sharman Networks because I truly believe this is a 100%, solid gold, carved in rock freedom of speech issue, about people being able to say what they think and express what they believe online (or anywhere else) without fear. So Yes, I’m an evangelist. And Yes, I’m on a mission. Yes, I want to keep p2pnet online, and of course, I also want to keep my family safe because this has the potential to seriously affect us to a far greater extent than it’s done already, and no mistake.


I tried to comply with all, not merely some, of the demands being made of me and, despite my inclination to do the opposite, didn’t published anything beyond the bare bones of the situation, and Sharman notwithstanding, I intend to maintain that stance, responding only to accusations it publishes through the media.

On that, Sharman has chosen to go loudly public which, given the nature of the claims, is strange not only because Sharman’s Kazaa is supposed to be whole-heartedly for the international p2p community, of whom I’m a member, but also because Hemming is supposedly so worried about her reputation she felt compelled to sue p2pnet to protect her good name, demanding that I take down pages which had offended her.
I took them down. And despite her assertions to the contrary, they’re still down. But nonetheless, she now appears to be doing everything she can to draw attention to the case
Poster child for record labels
In fact, “It’s nothing short of astonishing to see Kazaa and Hemming want to pursue legal action against a site that has spent the past few years backing P2P software makers at all costs,” says Vance in The Register.
“In addition, one would think the company had seen enough white-wigged men to last it a long, long time. Kazaa has been the poster child for record label and music publisher lawsuits against P2P companies. The music industry - which has decried Kazaa users’ abuse of its copyrighted material - no doubt finds it hilarious.”
No doubt they do. Kazaa has been on the wrong end of corporate music industry law suits in Australia for some time, now.
The Sharman sues p2pnet story came up firstly on Emma’s P2Punite in Sweden. It was quickly picked up by Torrentfreak in The Netherlands and by Slyck in the US, as well as by other sites and blogs around the world.

It’ll soon be everywhere. And this is only the beginning.
Implications for the blogosphere
Because this isn’t about Sharman suing p2pnet . It’s about a multi-million-dollar company using its weight to try to stop a small news site from reporting something the company didn’t want reported - shades of Steve Jobs and Apple. And it therefore has hugely important implications for the blogosphere, and for the millions of people who’ve chosen the Net as their principal means of talking to each other.
Sharman says in statements reproduced in whole and in part on The Register and Slyck:

“The writ was delivered following two formal attempts, on May 5 and May 8, requesting Mr. Newton to remove the material in question and post an apology on www.p2pnet.net. Only after being served with the writ did Mr. Newton act to remove - if only temporarily - the defamatory material.”

As I said earlier, the pages came down and are still down, and as I emailed Sharman this morning:

“I’m disappointed to see she’s [Hemming] now choosing to litigate through the press, despite requiring me to keep your letters to me confidential. I’ve tried to address Ms Hemming’s concerns respectfully and tactfully, but I now see she’s not interested in keeping the matter out of the press.”
I also said I was concerned with her one-sided characterization of the facts on which this lawsuit was initiated, adding:

“You and she both know you filed this suit before I received notice of her concerns. Despite your clear statement to the contrary, you provided no ‘formal’ notice of your client’s concerns. You didn’t send a registered letter or courier your demand letter …”

Meanwhile, I repeat publicly what I’ve been saying privately to Sharman Networks and Nikki Hemming since the start of this:

“I’m still willing to try to find common ground to try to resolve this. I’ll continue to seek legal aid and for now, I’m still very much open to suggestions about how we can settle this in a manner which will work for us both.”

http://p2pnet.net/story/8814

         
         
         
         
   

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