Ok all you knee-jerk responders...here is what the ACTUAL brief says (which is NOT what the accompanying article says):
Page 15, Line 16-20
"Once Defendant converted Plaintiffs’ recording into the compressed .mp3 format AND THEY ARE IN HIS SHARED FOLDER, they are no longer the authorized copies distributed by Plaintiffs. Moreover, Defendant had no authorization to distribute Plaintiffs’ copyrighted recordings from his KaZaA shared folder."
The courts have already determined in previous cases that putting copyrighted material into a shared Kazaa folder constitutes illegal distribution.
This is the type of really poor reporting that passes for jounalism these days. Stories get passed around and picked up like virii, with nobody ever going back and checking the original source.