The Streamcast vs. Skype Et Al Complaint

I have just finished reading what is likely the 30+ page Streamcast Networks complaint against Skype et al that found its way to me. It reads as much like a Hollywood film treatment that needs to star Paul Newman as the attorney ala his roles in "The Verdict" or "Absence of Malice." I say likely as the copy that found its way to me may not be the final court submitted version, something I am working hard to obtain.

With Digital Hollywood starting tomorrow in Los Angeles you can bet this will be a topic of discussion in  the hallways and over drinks. Certainly the news of this will more than likely overshadow any so called "deal" that may be announced there from or Fox or one of the other online players.

First off the plaintiffs appear to be charging the defendants with 11 causes of action and have asked for both a TRO (temporary restraining order) and relief by the courts largely surrounding who should own the FastTrack P2P technology and how allegedly it got to who ended up with it and other requests for relief.

Related to ebay/Skype I have asked for a comment from them via both Skype USA GM, Henry Gomez the former eBay Senior Vice President, Corporate Communications and Government Relations, who is traveling today to Europe. Gomez likely would have the expertise to address this (as he went to law school but I don't beleive ever practiced) as well as from their PR agency representatives. Being Sunday I was happy to hear back from the CEO of their PR firm who promised to dig into this when everyone is back to work tomorrow.

NOTE: eBAY HAS NOT BEEN NAMED IN THE COMPLAINT.

I also won't begin to editorialize or speculate on the possible ramifications or reprecussions this can have on the Skype entity now owned by eBay, or what the potential fallout could be on the shareholders, including those who may already have profited, as this needs a lawyer's input, so ask one.

Remember, in the USA the defendents are innocent until proven guilty and anyone can sue anyone over anything. But proving this case will be what matters, not the charges.

This whole thing may also get settled out of court, which is what I suspect will happen and then no one in the outside world ever know the outcome, which may be why eBay, as a public entity was not named in suit as it provides the manuevering room to likely do just that.

Comments

[Marc Freedman]

A lawsuit target with deep pockets like eBay is a slam dunk for Michael Weiss ... assuming the suit has some merit. Not that that's required. Another motivation - Streamcast has been seeking its next round of funding for a legal P2P network. Perhaps the VC reception was so chilly it forced Streamcast to make this desperate play.

Given that Streamcast will settle with RIAA, the $2 billion question is how much of the eBay settlement does RIAA get?

Now let's go full circle. Tie this into the rumored eBay Music Store. That's expensive music. Thousand dollar songs, anyone?

http://www.p2p-weblog.com/50226711/ebay_to_pay_music_biz_via_streamcast_v_skype_lawsuit.php