Need urgent Legal advice!!!

[nostalgia]

Just received a phone call from my internet provider versatel (used to be Zonnet) in Holland. Sharman Networks owners of KaZaA put a claim of several thousands of Euros on my account due to the fact that my website contained a link to another site which had a downloadlink to KaZaa-lite. Alsso my comments on the adware/spyware involved with the original KaZaA were unacceptable according to the Lawyer on behalf of Sharmann.

Does anybody know a good legal advisor in The Netherlands who could advice me? Within the next 7 days I have to reply to a legal notice which will arrive tommorow.

PS my site has already been removed

[Mïcrösöül°V³]

What!?!? How can someone do that to you simply because you had a link to a site? Im no legal advisor, but it sounds like bullshit to me. There has to be hundreds of thousands of sites out there with links to shit like that, and your comments on spyware are exactly that, YOUR COMMENTS. and its also not like they are libelous or slanderous because they would be true. Imagine if you were able to bring lawsuits based on the fact that you didnt like a comment, shit, we would all be in court forever. also, i thought sharman assholes were gone anyway? (oh hell, theyre not gunna like me calling them assholes, that would be unacceptable :P)

[Skiz]

To begin with, I would suggest reading the user agreement just to make sure you haven't violated any policies. If you haven't, print it out so you have a copy (in case it changes), then call your ISP and have them quote to you what part of the service agreement they believe you've violated. If they can't do that, I wouldn't worry to much.

[{I}{K}{E}]

I think they cannot do anything if they never send you any message about removing the links etc..

[nostalgia]

You are absolutely right, but in the mean time they're doing it. I'm awaiting the letter tomorrow and I haven't got any clou how the claim will be phrased (what law etc.).
And normally I have the right to state my opinion about spyware and adware en warn people about it, but still this claim is underway. Doesn't make sense.

No I.K.E never had a warning. Not from Zonnet and not from Versatel.
The policy of the provider is a bit blury and they told me that the claim would come from a Lawyer acting on behalf of Sharman here in the Netherlands, so don't know if the policy of the provider is really involved in this. Looks like it's striaght from Sharman to me personally.

[{I}{K}{E}]

You are absolutely right, but in the mean time they're doing it. I'm awaiting the letter tomorrow and I haven't got any clou how the claim will be phrased (what law etc.).
And normally I have the right to state my opinion about spyware and adware en warn people about it, but still this claim is underway. Doesn't make sense.

Posting reviews, guides and user experiences is allowed here in the Netherlands (good or bad).

If you didnt host Kazaa Lite yourself then there is no problem, if you had a link on your own website hosted on the webspace provided by your ISP they should have send you an email or email the ISP asking for removal of the link.

[nostalgia]

This is the passage on my (used to be) website concerning KaZaA. This is the English version I also had it in Dutch:'

KaZaA-Lite:
An alternative to KaZaA (KMD) but without the annoying spyware and adware and extra tools build in to search more and faster, block IP's and more. Cause of the nice interface (GUI) very easy to configure. Uses the FastTrack network, just like Imesh and Fileshare.
Since 5-12-2003 downloading K-lite has become very difficult. Sharman Networks, owner of KazaA (KMD), accuses the makers of the clean K-lite, that Sharman misses out on substantial income due to the removing of ads and so on in K-lite. Ironic isn't it? This means that commercial purposes are more important to companys such as Sharman then your privacy. Although we all know that this has been the real intent of companys anyway, it's astonishing they now admit this in a way. I can only warn you: DON'T use the original KazaA (media desktop) aka KMD! By letting law forbid cleaning programs of spyware/adware, vendors of these programs can now put even more of this in their programs. Don't say I didn't warn you.
By using the link below, you can download KaZaA-lite 2.3.4:
Click here to download K-lite 2.3.4.
"

[Illuminati]

I can see why they want it taken off :lol: But AFAICT Sharman haven't got a case with strength.

My guess is that it'll probably be for slander, though the case will be weak as many bloggers do the same to other companies without being threatened by legal action.

And if you didn't have a DDL to a build of K-Lite (and instead it was a link to a site that had a link), I can't really see how that'd stick - That's pretty much how the internet is held together :lol:

My advice would be to wait for the letter tomorrow, find out exactly why they put in the claim, and then update us with the news then :)

[nostalgia]

As soon as the letter is here I will post the content.
For now thnx, it is time for my daughter to do some MSN.

[Vargas]

slandering kazaa's good name. . . :sick:

[darkmatter]

reply the with something of the lines of fuck you

[Storm]

lol, that wont work at all

when (if)you get the letter, be sure to post any and all referances to broken laws and broken parts of a user agreement....... ill look up for ya how much is true (as far as i can, im no lawyer, but i got some law books, and know my way around a bit)

afaik there is nothing in either dutch or european laws against linking to sites containing material that is copywrited or whatever....... as long as your not hosting it yourself, id say your pretty safe.......

also, i find it weird that versatel phones you ahead of time........ sounds like a prank to me....... did you take the persons name? try callin em back (tomorrow, its a lil late now ;) )...... do they know anything bout it now??

let us know as soon as you know more

succes ermee ;)

[nostalgia]

Thank you/dank je.

No it wasn't a prank call. if it was my site wouldn't have been removed.
Soon as I receive the letter, I'll post the content.

[nostalgia]

Ok, end of the day no letter yet but that's normal. If you post a letter after 1700 hours it will be delivered the day after the next day. So I guess the letter will arrive saturday. Will keep you posted.

[nostalgia]

Received the letter it is in Dutch so here is the content:

"
Geachte heer, mevrouw,

Namens cliënten, de ondernemingen Sharman Networks, Ltd en Sharman License Holdings, Ltd (hierna gezamelijk ook wel "Sharman") wend ik mij tot u met het volgende.

Zoals u ongetwijfeld weet, is Sharman de exclusieve auteursrechthebbende ten aanzien van het populaire computerprogramma Kazaa. Sharman is bovendien de houdster van het Benelux- en Gemeenschapsmerk KAZAA, gedeponeerd onder respectivelijk de nummers 1043348 en 176379,, onder meer in klasse 9 voor software voor het binnenhalen van geluidsopnamen.

KAZAA is een in de Benelux en binnen de Europese Unie bekend merk. De software Kazaa is het meest gedownloade computerprogramma in de geschiedenis van het internet. Het programma is 360 miljoen keer gedonwload. In 2002 en 2003 was het woord "Kazzaa" de meest geraadpleegde zoekterm bij internetzoekmachines.

Onlangs heeft Sharman moeten constateren dat op de website ????? een inbruekmakende versie van het programma Kazaa aan onder de naam Kazaalite. Het programma is volledig identiek aan het programma Kazaa, behoudens de aanwezigheid van reclame die bij de inbreukmakende versies ontbreekt.

Sharman heeft u geen toestemming gegeven het inbreukmakende programma aan te bieden noch voor gebruik van haar merk en handelsnaam om genoemde diensten aan te bieden.

Door als voornoemd te handelen maakt u inbreuk op de auteursrechten van Sharman Networks op grond van de artikelen 1 jo. 12 en 13 Auteurswet 1912. Bovendien handelt u in strijd met artikel 13A lid1 van de Benelux Merkenwet door zonder toestemming van Sharman License Holdings een term overeenstemmend met het merk Kazaa te gebruiken.

Uw handelwijze brengt de normale exploitatie van de Kazaa software in gevaar en brengt cliënten aanzienlijke schade toe, voor welke schade ik u namens cliënten aansprakelijk houd.

Cliënten hebben op 4 februari jl. de provider aangeschreven met het verzoek de bovengenoemde website te blokkeren. Inmiddels heeft de provider bevestigd dat zij bovengenoemde website geblokkeerd heeft.

Cliënten hebben er belang bij de schade zo veel mogelijk te berperken. Gezien uw onrechtmatige handelwijze verzoek - en zo nodig sommeer - ik u dan ook namens cliënten bijgaande onthoudingsverklaring onvoorwaardelijk te ondertekenen en aan mij per post en fax retour te zenden. Cliënten achten zich vrij zonder nadere waarschuwing rechtsmaatregelen jegens u te treffen, indien ik de ondertekende onthoudingsverklaring niet binnen zeven (7) dagen na dagtekeing deze ontvangen heb.

Vooralsnog gaan cliënten ervan uit dat deze kwestie zonder tussenkomst van de rechter tot een bevredidend einde kan worden gebracht. In de tussentijd behouden Sharman Networks en Sharman License Holdings zich alle rechten voor.

Hoogachtend

bla bla.

Bijlage Onthoudingsverklaring

De ondergetekende verklaart hierbij als volgt namens hemzelf, alsmede namens iedere ondernemeing waarin hij zeggenschap heeft en ten behove van Sharman Networks, Ltd. en Sharman License Holdings, Ltd. (hierna gezamenlijk ook wel "Sharman") kantoorhoudende enb gevestigd te Port Vila (Vanuata) aan de Lini Highway in BDO house 1st Floor.

1. Hij erkent (a) Sharman's exclusieve auteursrechten op de Kazaa software en (b) Sharman's exclusieve rechten op het Benelux- en Gemeenschapsmerk KAZAA (beiden hierna "Sharman's rechten").

2. Hij zal binnen vijf (5) dagen na ondertekening van deze onthoudingsverklaring al datgene doen wat van haar kant noodzakelijk is om te bewerkstelligen dat het aanbieden van inbreukmakende versies van Kazaa wordt beëindigd en beëindigd te houden.

3. Hij zal met onmiddelijke ingang staken en gstaakt houden iedere inbreuk op Sharman's rechten, waaronder mede begrepen (a) elke productie, distributie, verkoop of elk ander gebruik van software, waaronder mede begrepen de software Kazaalite en K-lite, die op enige mate is afgeleid van de Kazaa software en (b) elk direct en/of indirect gebruik van het merk KAZAA of een daarmee overeenstemmend teken, waaronder mede begrepen de registratie of het gebruik van de domeinnamen of daarmee overeenstemmende tekens.

4. Hij zal aan Sharman betalen een tegemoetkoming in de door haar geleden schade ten bedrage van 2.500 EURO (zegge tweeduizendvijfhonderd euro). Dit bedrag dient uiterlijk vijf (5) dagen na ondertekening van deze onthoudingsverklaring te zijn bijgeschreven op de rekening van de advocaat van Sharman.

5. Hij zal een direct opeisbare boete verbeuren van 5.000 EURO (zegge vijfduizend euro) per dag of per keer, zulks ter uitsluitende keuze van Sharman dat zij niet volledig haar verplichtingen uit deze onthoudingsverklaring nakomst, onverminderd het recht van Sharman om volledige schadevergoeding te vorderen.
"

Op mijn site stond een link naar een andere website waar klite te downloaden was. het bestand zelf stond NIET op mijn site.

edit: edited the text due to the outcome of this case. Don't want anything like this anymore.

[nostalgia]

Try to translate the contect in brief:

Via the Lawyers office SOLV they accuse me of intrusing of an authorlaw concerning the name Kazaa and distributing a illegal version called Kazaalite.
They want me to sign a document which states I stop all my activities concerning my website and Kazaa and also pay 2500 EURO within 5 days after signing the document cause of damaged I caused them.

The link on my site was a link to another site which had klite. if you clicked it you got ??????
So it is very obvious if you lok at the link that klite was not on my site.
If the owner of th site in the link is reading this, be carefull they may come after you as well.

edit; removed the link don't want anybody getting into trouble

[{I}{K}{E}]

Het lijkt me slim om eens na te gaan of je inderdaad wel echt 'fout' was. Ik ga er ook van uit dat je niet wist dat Kazaa Lite een illegaal bewerkte versie van Kazaa is ;)
Je plaatste een download link naar een site die niet van jou is, dus in mijn ogen zouden ze degene moeten beboeten die Kazaa Lite host. Ik vind het raar dat ze meteen 2,500 euro van je eisen zonder dan ook maar 1 (waarschuwings) email of telefoontje of je de inhoud van jouw website wilde aanpassen.

[nostalgia]

Gelijk heb je. Hoe nmoet ik weten dat Klite illegaal is als je van te voren geen waarschuwing o.id krijgt? Het vreemde is ook nog eens dat de brief via mijn email adres komt die bij mijn website hoorde. Dit houdt in dat ze via dat email adres ook een waarschuwing hadden kunnne doen uitgaan.

[Entity101]

http://www.zdnet.nl/news.cfm?id=37064

[nostalgia]

http://www.zdnet.nl/news.cfm?id=37064

Thnx Entity101 very usefull link!

Edit: they are talking about the Benelux Merkenwet which is slightly different then having their name registered as a European brand at the KHIM

[Entity101]

1) You didn't host the software in question on your webspace. You merely linked to a page/file on someone elses website. According to various jurisprudence you conclude that (deep)linking is allowed in The Netherlands.

2) The content on your website was only informative. Freedom of speech should allow you to present some information in which you use a brandname. You didn't use it out of context, nor did you write any untruths. Same as you should be able to say that you think Coca Cola tastes better than Pepsi. Or that Coca Cola contains lots of sugar, which might be very bad for your teeth.

3) You doubt the validity of the trademark, based on the KHIM info. Even if it is valid, see point 2.

4) If Sharman (or a representative) would simply informed you about their unhappiness with the content of your website, you would have gladly removed any 'objectifiing' information.

5) Say that you disagree about any potential losses that Sharman claims. The small number of people that visited your website, were most likely already aware of the malicious software and advertising that is included with Kazaa Media Desktop. The majority of people who use a modified version, would never have used the original, even if no modified versions had existed. Moreover, Sharman in facts benefits from these people because a network with lots of users attracts more new users than a smaller network. Of these extra new users, the vast majority will use the original software.
Even if their point was valid, then the solution from point 4 would have been in their best interest.

6) Say you are willing to stop hosting any information about Sharman's products, now and in the future, but that you are unwilling to sign their onthoudingverklaring.

7) Say that if they are unwilling to accept your reasonable offer, that you will claim any costs that you will have as a result of any further actions they may take.

[nostalgia]

Very true words Entity101. I might add that imo the Benelux Merkenwet is a protection for registered trademarks in economic trading. Cause Kazaa with all the adware/spyware is a free program it doesn't make any sense to me that this was violated due to s simple link. And I totally agree with you at the point that if they had made any trouble at all to contact me through my website or provider I would have changed the bit which they didn't liked but they didn't even bother to warn me. I don't know is they are obligated to warn before action is taken but it would be normal to do so.
I will phone a lawyer on monday to see what to do and how to react on the letter and also ask if it is legal/normal to send someone such intimidating letters through e-mail instead of normal procedures.

[Mïcrösöül°V³]

I would point blank tell them to jam it up their ass. period. You didnt do anything wrong. just my 2 cents worth :) I dont think they would bother taking the matter any further due to fact thatthey couldnt possibly gain anything from it. they just want you to be scared, bend over, and pay up. tell them to shove the letter they wrote along with a hot, sharp object straight up their ass. :) Tell them to send me a letter, i host KLR on my site. I would tell them to fuck off so fast that their heads would spin. but then again, Im in the USA and would be perfectly within my right to tell someone to suck a hard one. :)

[Arm]

http://babelfish.altavista.com <---Dutch To English :shifty:

Dear lord, Ms,

On behalf of customers, the ventures Sharman Networks, Ltd and Sharman License holdings, Ltd (hereafter jointly also "Sharman") turn themselves I to you with the following.

Such as you undoubtedly weet, Sharman the exclusive auteursrechthebbende with respect to the popular computer programme Kazaa are. Moreover Sharman the houdster of benelux - and community mark KAZAA, under respectivelijk the numbers 1043348 and 176379,, including in class 9 has been deposited for software for getting in sound prerecordings.

KAZAA in the benelux and within the European Union it has been confessed mark. Software Kazaa is the most gedownloade computer programme in the history of the Internet. The programme is 360 millions time gedonwload. In 2002, and 2003, the word "Kazzaa" was the zoekterm most consulted at Internet search engines.

Recently Sharman have had observe that on the Internet site www.home.zonnet.nl/dijkema3/programmas.html a inbruekmakende version of the programme Kazaa to under the name Kazaalite. The programme is to the programme Kazaa entirely identical, subject to the presence of publicity which is lacking at the inbreukmakende versions.

Sharman you have given no authorisation the inbreukmakende programme to offer nor for use of its mark and trading name called offer services.

By as aforementioned acting you make breach of the copyrights of Sharman Networks under Article 1 jo. 12 and 13 author law 1912. moreover act you in fight with Article 13A lid1 of the benelux mark law by without using concordant with the mark Kazaa authorisation of Sharman License holdings a term.

Your manner endangers software to the normal exploitation of the Kazaa and deals to customers considerable damage, for which damage I keep you on behalf of customers responsible.

Customers on 4 February last sun the Netherlands has summoned plc with the request the aforesaid block Internet site. Meanwhile Versatel the Netherlands Ltd has as a legal successor of sun the Netherlands plc, confirmed that she has blocked aforesaid Internet site.

Customers have there importance at damage as much as possible at berperken. Given your unlawful manner request - and if necessary summon - I you thus on behalf of customers enclosed sign abstention declaration unconditionally and to me by retour mail and fax to send. Customers consider themselves rather closer warning Right measures towards you, finding if I the signed abstention declaration within seven (7) do not summon after dagtekeing these have received.

As yet customers go of it from that this question without mediation from the judge to a bevredidend end can be brought. In the meantime Sharman Networks and Sharman License holdings preserve themselves all rights for.

Yours sincerely

booklet booklet.

Appendix abstention declaration

The undersigned explains as follows on behalf of himself, as well as on behalf of every ondernemeing in which he control and at behove van Sharman Networks, Ltd. and Sharman License holdings, kantoorhoudende enb Ltd. (hereafter jointly also "Sharman") at port vila have established (Vanuata) to the Lini Highway in BDO house 1st Floor.

1. He recognises (a) Sharman's exclusive copyrights on the Kazaa software and (b) Sharman's exclusive rights to benelux - and community mark KAZAA (both hereafter "Sharman's rights").

2. He will summon within five (5) after signature of this abstention declaration already that to do what of its side necessary is bring about that offering inbreukmakende versions is concluded Kazaa and is concluded to love.

3. He with onmiddelijke entrance props and gstaakt keep every violation on Sharman's rights, among which understood (a) each production, distribution, sale or each other one use of software, among which understood software Kazaalite and K-lite, which has been inferred on only degree of the Kazaa software and (b) each directly and/or indirect use of the mark KAZAA or with that a concordant sign, among which understood the recording or the use of the field names or with that concordant signs.

4. He will pay to Sharman an allowance in by its lost out to the amount of 2,500 EURO (zegge two thousand five hundred euro). This amount serves at the latest five (5) summons after signature of this abstention declaration have been added on the account of the lawyer of Sharman.

5. He will forfeit directly opeisbare a fine of 5,000 EURO (zegge five thousand euro) per day or by time, this for the excluding choice of Sharman that they complete its obligations from this abstention declaration nakomst, notwithstanding the right of Sharman complete progress damages.

Ok thats a bad translation but hey, better than nothing or having to learn Dutch. :1eye:

My advice is to tell them to fuck off and that the blood (cock?) sucking leeches arent gonna get any money out of you. :cool: There was a similar legal battle between Guns for Kids.com and Toys are Us a while ago. The sites dead now but hey, thank God for the Web Archive

http://web.archive.org/web/20010501154445/gunsforkids.com/toysrus-reply.txt

Unless Dutch law is radically different from American law, having a link is not illegal. :unsure:

[Mïcrösöül°V³]

precisely..tell them to go get bent :mad3:

[orcutt989]

Het lijkt me slim om eens na te gaan of je inderdaad wel echt 'fout' was. Ik ga er ook van uit dat je niet wist dat Kazaa Lite een illegaal bewerkte versie van Kazaa is ;)
Je plaatste een download link naar een site die niet van jou is, dus in mijn ogen zouden ze degene moeten beboeten die Kazaa Lite host. Ik vind het raar dat ze meteen 2,500 euro van je eisen zonder dan ook maar 1 (waarschuwings) email of telefoontje of je de inhoud van jouw website wilde aanpassen.


It seems examine me malignant once or you indeed, however, really ' wrong ' were. I assume of it also that you did not know that Kazaa Lite an illegally treat version of Kazaa is you placed downloads risky to a site which is not of you, therefore in my eyes them the one must beboeten which Kazaa Lite leap about. I find it strange that them immediately 2.500 euro of your requirements without thus but 1 (warning) e-mail or phone call or you the contents of your Internet site adapt savage.

Hmm.


It looks like German, and French mixed together, minus the crazy international characters. Go Dutch!

[Arm]

:huh: Cant we all just.........speak the same language? :)

[nostalgia]

Some radicaL and good advice guys! :-)
Thnx for the link in the Toys r us case. Seeing defenitely some similarity there.
And yes let us al speak the same language (Dutch???).

[Storm]

even if they dont sell the product, the trademark is still valid........ what entity 101 said in point 5 will prolly not hold up in court..... however, the other points he made (especially #1)

they are trying to bully you into this........ get yourself a "rechtsbijstand verzekering"*...... you might need it
contact their lawyer asap, tell them you're willing to sign a contract that you wont link or comment on Sharman's products, or illegal copies of its products...... but not to pay 2500 euro....... the costs they will have are way higher if you go to court, and isnt a preferable solution for either party.......
make sure that you document ALL contact with any party, be it your ISP, sharman, or their lawyer...... make a copy of all letters, and print out all emails....... after every phone call (even if you just get the answering machine, or a secretary saying no one is there!), write down the length, time and date, and what which party said (globally)..... MAKE SURE YOUR VERY SECURE AT THIS!!!!

if you go to court, you can use this a evidence, IF you did it carefully.....




*insurance in case you need legal help, so you dont have to pay the full bill

[lynx]

Since you didn't host the file yourself, you've done nothing wrong. That being the case it seems to me they are saying "Give us 2500 Euros or else..." for no good reason.

That is illegal, in UK it may be called "demanding money with menaces" or it could simply be fraud. I'm sure there is probably a similar Dutch or European law. Maybe you should take the letter to the police and ask them to take action.

In fact, you have a claim against them, for the damage they have caused to your website by making false claims to your hoster.

[nostalgia]

I've already sent the letter and a copy of my site to a lawyer and also printed out everything I think is needed. Even e-mails and will do so the whole procedure.
Thnx till now everybody.

[Peerzy]

Since you didn't host the file yourself, you've done nothing wrong. That being the case it seems to me they are saying "Give us 2500 Euros or else..." for no good reason.

That is illegal, in UK it may be called "demanding money with menaces" or it could simply be fraud. I'm sure there is probably a similar Dutch or European law. Maybe you should take the letter to the police and ask them to take action.

In fact, you have a claim against them, for the damage they have caused to your website by making false claims to your hoster.


He's still directly linking to the file. It doesnt matter if he was hosting it or not, people went to his site and clicked download and it downloaded. Thats like him linking to child porn pictures, he's offering illigal content.

Not that im on Sharman side just pointing it out. How much is 2500 euro's in pounds? Does your wife/parents know the situation? Alot of the time people say "Im not giving in theres no way they can win" and they do infact end up winning because a defence is based on legal advice from people who shouldnt be giving it (us).

[Entity101]

Deeplinking has been proven legal in various Dutch court cases :)

[Peerzy]

Deeplinking has been proven legal in various Dutch court cases :)


Any links? Seems rather wierd that you can link to illigal files but not host them. It offers the same results for the end user, they still get the files.

[Mïcrösöül°V³]

its like giving directions to a certain place that offers a product. How can you be held liable for simply pointing someone to a product? I still think you should ball that letter up, and go find the fucker that sent it to you, and shove it down his fucking throat....................i wish i would get a letter like that, cuz i would go jail for the things i would do to the asshole that sent it. as far as them asking for money, tell them to fuck off. this sounds more like a scam the more i read this thread. think about it.......someone is fucking with you..........you are a small nobody (no insult intended) when there are way bigger sites on the net that offer the same shit.............sounds like one big pile of shit to me. Go out of your way to tell them to suck your ass. :angry:

yes, im in a bit of a mood tonite, and would love to call those fuckin idiots and tell them what a whore their mothers are.
*edit* once i get my site back online, i will make sure to add a section that completely trashes Kazaa KMD and we'll see how far it goes if they fuck with me. Its not like I would be lying, cuz everyone knows what a big peice of shit KMD is/was. I would love to have good ole mail/phone fight.

[Arm]

Since you didn't host the file yourself, you've done nothing wrong. That being the case it seems to me they are saying "Give us 2500 Euros or else..." for no good reason.

That is illegal, in UK it may be called "demanding money with menaces" or it could simply be fraud. I'm sure there is probably a similar Dutch or European law. Maybe you should take the letter to the police and ask them to take action.

I believe thats called racketeering here in the 'states. ;) Like what the RIAA does to mp3 traders.

[Storm]

Deeplinking has been proven legal in various Dutch court cases :)

do you have case numbers??

as that would really help (just tell their lawyers, "fuck you, based on case numbers xxxxxxxxx and xxxxxxxxx you're full of shit"*






*NEVER say that, always be polite, a judge might not agree with your tone of voice, and while it prolly wont really hurt you, dont take any chance (unless you can afford a good lawyer of course :P )

[RealitY]

Sounds like its just a new and easy way to generate revenue really...

[Arm]

Ill love to hear the reply Nostalgia and Sharmans lawyers give.

[nostalgia]

Update.

You won't believe it, but I talked to three lawyers and one of them didn't even bother to phone or e-mail back, the other one wasn't to sure about this kind of situations and the third one I made an appointment for upcoming wednesday (they were too busy to squeeze me in).

So I decided to write a letter myself. In short: In this letter I've tried to explain the real purpose of my website (info about filesharing software and their add-ins like spyware/adware) and the fact that I have never distributed klite in anyway. My site only contained hyperlinks.
I also said that if what they said was correct about the trademark and so on, I would be willing to stop linking to software which was illegal due to the mentioned laws in the Benelux and would acknowledge the fact that they are the sole owner of the software. I also said that I was really stunned with the fact that nobody ever even bothered to warn me or even summom me to remove the link and info cause it would be illegal.
Furthermore I promised to withhold any links to the mentioned software for now and in the future, but wasn't willing to pay anything cause in my opinion the letter I received didn't hold any ground to claim any amount for any so called loss of income.

Of course there was a lot more in my letter but I can't really translate it into proper English.

Today I received the answer and they concur with my statement and would not take any action against me as long as I will stick to my statement concerning not to link, distribute, produce any software that would breach laws protecting the trademark and authorlaw concerning their software.

Case closed.

Guys and women,
I would like to thank you all for all your comments and some rather good advice you gave me! I can tell you this, that is wasn't the most enjoyable week for my family and me. Even my wife and kids felt the tension of this one, and that is something I will not put them through again. Sorry to say but any program using the fastrcknetwork isn't worth all that.

Once again thanks!

[m.lawrence]

I hate those money grubbing b***ards, I have a small personal webpage hosted by my isp and it has a "best links I've found" type page on it, which includes my opinion of Kazaa and Klite. I didn't link kazaa or klite programs but linked to this forum for people interested in finding out more about a better p2p application. As long as you are stating the facts,ie. that kazaa is loaded with spyware sharman wouldn't have a leg to stand on. Where Nostalgia made a mistake was in directly linking to an application that was forced to stop development and distribution by sharman a while back. Thus the damages claim. What makes me so pis*ed is that sharman uses the very hammer that the riaa is using to break people. Sharman's whole existence is based on people acquiring software,music etc., illegally and yet they have the audacity to invoke the copyright infringement legalese with respect to their own software. What did they expect? The same people who download stuff without regard for copyright would somehow respect theirs? I like fasttrack because the users are plenty and frankly klite just works so well. I continue to use klite 2.4.4 and have never had a problem connecting,searching or downloading. I refuse to put kazaa.exe on my machine, even if it is a dummy.