Need urgent Legal advice!!!

**nostalgia** · 02-10-2005, 03:27 PM

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** · 02-10-2005, 05:37 PM

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

)

**Skiz** · 02-10-2005, 05:42 PM

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}** · 02-10-2005, 05:43 PM

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

**nostalgia** · 02-10-2005, 05:45 PM

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}** · 02-10-2005, 05:50 PM

Originally Posted by 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.

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** · 02-10-2005, 06:00 PM

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** · 02-10-2005, 06:11 PM

I can see why they want it taken off

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

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