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Thursday, September 25, 2003
Imitation strategies: Sharman (makers of Kazaa, one of the major P2P clients) files a counterclaim against the music and fim industries alleging 'copyright misuse, monopolization, and deceptive acts and practices'.
Leaving aside the rights and wrongs of the case, this is a great tactic by Sharman. I normally am not a fan of litigation as a tactic, but in this case they have two vital elements of success on their side: surprise and momentum. The music and film industries are already facing a massive backlash - giving Sharman's move instant momentum. The counterclaim is surprising because the music and film industries have traditionally been the ones to use litigation as a critical tactic.
Nice one Sharman. Lesson: imitation strategies can change the game - especially when punishment tactics are involved, and when the other party is asleep at the wheel.
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