Posted by Jon Newton in on September 2, 2003 at 11:55 AM
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"As Avalon Online's clever campaign promotes - it's the Kazaa you love Plus much more."
This comes from Nikki Hemming, ceo of Sharman Networks, whose attempts to shut down Kazaa Lite include firing legal threats at Google, to wit: "Please immediately remove or disable all access to the Infringing Material" - ie, Kazaa Lite.
The quote represents the sharp end of the effort behind Korporate Kazaa v 2.5.1, Sharman (and Nikki's : ) Networks' current bid to enter the Big Time. Kazaa is now being marketed, with all that implies, by Avalon Online Distribution SA.
The 'free' Kazaa NonPlus is still available, and still loaded with junk you definitely don't want and didn't ask for, such as pop-ups.
The unpolluted 'Plus' version will set you back $29.99 - the price you literally have to pay to get away from the odious ads.
But both versions include "a rewards program for sharing digitally rights managed files, and access to Channels, specialized licensed content areas within the application". It's called, Altnet Peer Points Manager. You have to manually uninstall it (opt out) if you don't want it. But a lot of users won't even realize it's there.
"The certified Kazaa Media Desktop (KMD) software is provided by Sharman Networks and made available on Kazaa.com or Download.com and it contains NO spyware. Sharman Networks does not condone the use of spyware nor support the distribution of spyware to others." - from the Kazaa home page.
Also, "Spyware is software that is installed deceptively to gather information about you without your knowledge. This can include centrally recording your personal internet usage, monitoring your keyboard strokes or capturing personal information."
OK. No Spyware. Cool. But Hey! What's this?
"We may retain your IP address and/or other machine-identifying information in order to help us diagnose problems with our servers, to administer the Software and the Service, to track downloading and uploading of files from your computer, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with our End User’s License Agreement or otherwise in order to protect our services, sites, customers, or others." - From Altnet's 'Privacy' statement.
"Retain your IP address and/or other machine-identifying information" and "track downloading and uploading of files from your computer"?
And this?
"In an attempt to provide increased value to our visitors, we may choose various third party web sites to link to, and frame within, the Altnet Features. We also participate in co-branding and other relationships to offer e-commerce and other services and features to our users. However, even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our site) is not received by us. As such, we have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. These linked sites are only for your convenience and you therefore access them at your own risk."
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User Comments
Emeraude
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Date: September 2, 2003 @ 12:30 PM
Sounds like an invitation to hell.
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CodeWarrior
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Date: September 2, 2003 @ 12:36 PM
"We may retain your IP address and/or other machine-identifying information in order to help us diagnose problems with our servers, to administer the Software and the Service, to track downloading and uploading of files from your computer..."
I agree with Emeraude. Fact is, that when they start getting money from you for the service, they step right into the tar pit of becoming a vicarious infringer in the case of those downloading RIAA copyrighted files. And, by keeping a list of your IP address and files you up or download, this is going to be exactly what the RIAA wants, because there is an affirmative duty to regulate users and the files they transfer, which immediately attaches to that capability.
Nikki and company must be high on Vanatu air or something. What a horrible thing for KaZaA Plus and its users . "forgive them for they know not what they do"
~code
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NiceGuy2003
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Date: September 2, 2003 @ 1:04 PM
Yup, sounds like Kazaa has finally gone over to the Darkside. Thank goodness I switched to Kazaa Lite long ago and switched all my friends to Kazaa Lite as well.
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JoeConsumer
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Date: September 2, 2003 @ 1:19 PM
Hehe...and just how black can that keetle get?
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IFeelFree
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Date: September 2, 2003 @ 1:41 PM
Check this out:
Sharman Threatens Slyck with 'DMCA Violation'
http://www.slyck.com/news.php?story=227
"It is now known that these DMCA violation notices were filed against Google, Slyck, Zeropaid and other websites."
Sounds like these KaZaa people are real a**holes.
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ConsumersAbyss
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Date: September 2, 2003 @ 1:46 PM
If the RIAA ever gets a real grip on Kazaa I'm sure they would love to have all those nice loged IP addresses and downloading habits. Sounds like a good way to get had.
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chrisbacke
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Date: September 2, 2003 @ 1:52 PM
I don't know if I see the big problem, with either of the points raised...
They clearly define what spyware is, and what they claim to do doesn't seem like it fits within those bounds... Taking my IP might be considered "capturing personal information", but if anyone actually takes the time to read the privacy notice, I can't see how they're being deceptive about it... I certainly don't like the fact that they have the capability to track stuff like that, but isn't that the reason we have all these hacks and ways to conceal your IP address and such?
Secondly, I believe any for-profit business should have the chance to make money... Considering they're being persecuted by the RIAA, the MPAA, and most every large media company out there, I'm sure they need money for their legal defense... I personally can't wait until their IPO comes out...
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CodeWarrior
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Date: September 2, 2003 @ 2:08 PM
Sharman's defense previously was that they they had no control over what people up or downloaded, and the de-centralized nature of the service, made it difficult to control user file transfers. Further, when they didn't charge for the service, it was more difficult to charge them with vicarious infringement, but it was tried since they sold ads and indirectly were getting money from advertisers because of increased numbers of users presumably, trading in copyrighted RIAA files. The KaZaA plus is now going to erase their previous allowance for plausible deniability, and by charging users for service, they will lose all defenses against charges of vicarious infringement for users sharing copyrighted files. I don't know if they cut a deal with the RIAA, or they are just trying to get sued now intentionally. With keeping track of the IP address, and keeping a record of files up and downloaded by the IP address, they might as well hire Cary-Sue as a "media consultant", set him up a little office near the sys admin office, and regularly print out lists of infringing members names and IP addresses...I'm serious, this is as crazy as the RIAA suing customers.
As far as an IPO, you'll be buying a piece of a company that is going to lose all assets in a lawsuit with this type of business model!
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Litheon
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Date: September 2, 2003 @ 2:21 PM
I'm glad I got Kazaa Lite eons ago. Though I wonder if any of my old fav file sharers are still around. Sharman might go and add some key to their programs that will check the versions of the program that other users are using. Don't have the key? Well you can't download from me. Someone with Kazaa Lite might not even see someone who has the virus version. Thus forcing
one to get the virus version. If that is the plan then I think that Sharman is going to find that more people have Kazaa Lite than they think.
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grumpygeezer
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Date: September 2, 2003 @ 3:31 PM
Regarding KAZAA Plus:
You can call me grumpy, or you can call me suspicious, or you can call me paranoid, or you can call me . . . (you get the idea). I cannot summarily dismiss the POSSIBILITY of collusion borne out of a secret arrangement (clandestine compromise for KAZAA to save their necks?) negotiated between KAZAA and the RIAA for certain reasons that any one of us could easily speculate about.
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NCdude
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Date: September 2, 2003 @ 5:31 PM
time for boycott-kazaa.com?
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ronnie71
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Date: September 2, 2003 @ 5:33 PM
im with grumpy. Was thinking the same. Its coming are you ready?
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demon-3012
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Date: September 2, 2003 @ 6:58 PM
I'm with Grumpy also. Somethings going on that we don't know about.
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demon-3012
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Date: September 2, 2003 @ 7:01 PM
Kazaas new business model....
Piss off the RIAA
Piss off the users
Piss off everybody
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MerylStryfe
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Date: September 2, 2003 @ 7:04 PM
Well, there is a possibility that Kazaa is more likely trying to romance the RIAA, rather than being in collusion with them. The documenting of IP addies and the downloads and uploads of its users has probably more to do with Kazaa's recent startup of their subscription service AltNET. See the story at
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MerylStryfe
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Date: September 2, 2003 @ 7:06 PM
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tasadar24
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Date: September 2, 2003 @ 7:45 PM
ChrisBacke, nobody reads the privacy notice, by logging both your IP address AND what you download/upload, they are spying on you.
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churchkey
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Date: September 2, 2003 @ 7:52 PM
Kazaa's bottom line is saving their ass. If they are as stupid as the RIAA and bite the hand that feeds them, then we don't need this shit.
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John316
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Date: September 2, 2003 @ 8:38 PM
I was just watching TechTv and they were talking with the CEO of AltNet (who is a subsidiary of Kazaa from what I understand) and he was talking about legal downloading of music and paying for downloads. This is the Kick IN THE HEAD. AltNet content is protected by MICROSOFT'S DRM TECHNOLOGY.
Code, IFeelFree, George, Directive, Bulk or the creator's of this Site (Sorry I don't know your names off hand)- TechTv is going to have an open Mic night where every day people can come to their studios and debate the whole P2P issue. I think they are going to have representitives from the EFF & the RIAA. It will be Sept. 12 at 5:00 p.m. (PST)in San Francisco I figured you guys are real smart on this issue and could represent us in a debate. Here is the address to sign-up. Or goto TechTv.com
http://cgi.techtv.com/memberservices/newsletters?click=28779&release=3732
You guys can Dazzle everyone with brilliance instead of the RIAA baffling everyone with (you know the rest).
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mtekk
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Date: September 2, 2003 @ 9:47 PM
Sounds like DON'T USE KAZAA to me, yep shur does.
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indieWarriors
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Date: September 2, 2003 @ 11:39 PM
Is K++ in any danger because it shares the same network as Kazaa?
Also whats this I heard earlier its $30 to use K++? Did I miss something?
*shaking violently*
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SonOfLiberty
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Date: September 2, 2003 @ 11:41 PM
there are plenty of other P2P apps out there. Use IMesh, which still uses the FastTrack network. Don't like the spyware/adware? View my website for info on how to defeat it.
http://bush51501.home.mchsi.com
There will always be plenty more P2P apps out there. Personally, I'm waiting for FreeNet to be released.
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SonOfLiberty
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Date: September 2, 2003 @ 11:51 PM
indieWarriors...
Since K++ utilizes the FastTrack Network, along with IMesh and Kazaa, I can't foresee them blocking Kazaa Lite off the network. They would have to work out an arrangement with IMesh to block K++ users, which would be near impossible.
Or...
They would have to reconfigure the network to render all P2P apps useless (like some kinda screwed up DRM, can't use unauthorized versions of software). Then they would release only approved software that had some kind of access/registration key to it.
Either way, it sounds fascist. The end is near...I will have to reread Revelations, until then...
"wake me up when the apocalypse is over"
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negatyve
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Date: September 3, 2003 @ 2:41 AM
I use Kazaa Plus Plus and it has absolutely no third party software besides programs that help in downloading, switching nodes, getting certified file hashes, and viewing movies before they're done downloading... Really nifty. AND IT WAS FREE 
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M1
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Date: September 3, 2003 @ 3:52 AM
Ironically, the RIAA is right about Kazaa making money off people pirating music.
Serves the RIAA's asses right of course, but Kazaa is obviously making a tidy profit large enough to "protect" to go spewing DMCA threats at people.
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svengali
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Date: September 3, 2003 @ 10:58 AM
Something wicked this way comes......
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