Kazaa distributors file suit
over software program use
Sharman Networks files a
claim against entertainment
companies it claims used
an unauthorized program
By Caron Alarab
News Reporter
In the Recording Industry Associa
tion of America's war against music
file pirates, one targeted software dis
tributor is striking back.
Sharman Networks, distributor of
popular file sharing software Kazaa,
filed an amended counterclaim on
Sept. 23 in the U.S. District Court of
California against snooping enter
tainment companies.
The federal countersuit claims that
certain entertainment companies ac
cessed the Kazaa network with an
unauthorized version of the free soft
ware, known as Kazaa Lite, to look for
user information. In their hunt for
music file pirates, the entertainment
companies allegedly violated Kazaa's
copyright by using a replica of Kazaa
devoid of advertisements, which are
Sharman's chief source of revenue.
"We take little pleasure in moving
this next step to place the spotlight on
the entertainment industry's behav
ior," Sharman Networks CEO Nikki
Hemming said in an e-mail.
The Kazaa Media Desktop software
is the leading peer-to-peer application
that allows users to search, download,
organize and interact with a variety of
file types.
Senior Roger Gerke used the desk
top for about a month before he lost
his patience with the software's adver
tisements.
"I didn't like using Kazaa because
of the constant pop-ups," he said.
Although he has never tried Kazaa
Lite Gerke said some of his friends have
used the pop-up-free version to avoid
advertisement distractions. Another an
noyance that Gerke found while using
Kazaa stemmed from promising music
files that stopped short.
"The song would be fine for the
first 20 seconds," he said. "Then it
would just be gone."
Gerke's experience involves another
issue that Kazaa addressed in the
counterclaim. Kazaa accuses the en
tertainment companies of sharing bo
gus versions of copyrighted works and
sending instant messages to harass
users, both of which violate the terms
for using the network.
Although Gerke stopped down
loading music files through Kazaa, he
is also frustrated with the weak quality
of mass-produced music CDs.
"If I buy a CD for $ 15 and it gets
scratched, I want to know why
record companies won't give me a
new one," he said.
Sharman claims it wants to provide
legal music files to music consumers
like Gerke, but executives at Vivendi
Universal's Universal Music Group
and AOLTime Warner Inc.'s Warner
Music Group refused to permit their
copyrighted songs to be distributed
through Sharman's partner, Altnet
Inc., according to the countersuit.
"The industry has lost its way,
choosing a path of endless litigation
rather than accepting a solution to
copyright infringement that is avail
able now and a technology that is in
exorable," Hemming said.
Universal and Warner have de
clined to comment on the issue.
RIAA spokeswoman Amanda
Collins refused to directly answer any
of the Emerald's questions about the
countersuit. Instead, she provided an
official RIAA comment.
"Sharman's newfound admiration
for the importance of copyright law is
ironic to say the least," she said. "Too
bad this self-serving respect stops at its
headquarters' door and doesn't ex
tend to preventing the rampant pira
cy on its networks or lifting a finger to
educate its users about the conse
quences of illegal file sharing."
Contact the business/science/
technology reporter
at caronalarab@dailyemerald.com.
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MISS OREGON
continued from page 1
Now a seasoned beauty queen
with more than 20 pageants under
her belt, McKenzie said she continues
to live the pageant life because it's a
way to have an impact on people's
lives and set a positive example, espe
cially for her family.
"It's important to be a role model
for the younger people in my family,"
she said.
Unlike McKenzie, Meyers has never
competed in a pageant before. Her
lack of stage time, however, isn't go
ing to stop her from going all out.
"This year, just one door after an
other has opened up," she said. "It's
incredible to see all the pieces fall
into place."
Meyers is competing for more than
the crown. She said she wants to be in
the pageant because it is a great op
portunity to reach out to the commu
nity and help people. She is currently
working on making sexual harass
ment awareness pamphlets for high
school students, and she thinks the
publicity from a pageant would help
promote that cause.
"If people have the knowledge,
there is something they can do," she
said, adding that her other soapbox
issue is to encourage others to set
high goals for themselves.
Meyers started her college career at
Unn-Benton Community College be
fore transferring to Lane Community
College. Last year was her first at the
University, but through all three col
leges she has known what she wants
to do with her life: real estate.
McKenzie has taken a different
path to the University's School of
journalism and Communication.
Majoring in electronic media, she
hopes to be a news anchor once she
graduates. A Portland native, McKen
zie comes from a large family, most
of whom still live in Portland. With
grandparents, parents, four brothers
and sisters, three nieces and
nephews and 40 cousins, McKenzie
said she loved having her family's
support for the pageants.
"Everything I do, I try to include
them," she said. "If it's something I
want to do, my mom supports me
100 percent. My dad, too — he's my
nutritional guru."
Her mom has sewn all of her dress
es and swimsuits since McKenzie
started participating in pageants, and
she also did McKenzie's makeup for
her when she was younger.
"My mom is at home right now,
sewing beads on my dress," McKen
zie said with a smile. "If (my parents)
weren't able to help, I don't know if I
could do this."
Meyers said her parents have never
approved of pageants.
"They have disagreed since I want
ed to do it," she said.
Her father, Dan Meyers, said he
and his wife are excited to see their
daughter compete in the Miss Ore
gon pageant, but said they have
never been through anything "quite
like this."
McKenzie admitted she was critical
of pageants when she was younger.
Then she entered her first pageant and
realized there was "much more to it."
"It's not the person who's the pret
tiest or who has the best dress," she
said. "It's the whole package."
The Miss Oregon pageant will take
place Oct. 24 through Oct. 26 at the
Portland Airport Holiday Inn Hotel.
The winner will go on to compete for
the title of Miss USA.
Both Meyers and McKenzie are ex
cited to compete against each another
and the 18 other girls in the pageant.
"I've met some of the girls, and
they're all wonderful," Meyers said.
"Sweet, gorgeous — it was really neat
meeting them."
McKenzie said she really enjoyed
meeting Meyers, adding that it's great
that they attend the same school.
"It'll be really interesting compet
ing against (Meyers)," she said.
Contact the crime/health/
safety reporter
at alishaughnessy@dailyemerald.com.
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