Kazaa and Gnutella won on the fact that they have no control over what was shared or not shared (unlike the original Napster, which could determine what was being shared).
The case DID NOT ADDRESS any legality of one person sharing a copyrighted material with another. And unless there has been a recent change in the laws (which there hasn't.....) a copyrighted material cannot be shared or given to another medium (including another computer) without proper compensation to the copyright owner.
In other words, it's legal for P2P sites to exist, but it's NOT LEGAL to share music, films, books or other copyrighted material. You MUST pay for the right to do so with a legal service (such as iTunes).
Ken Martin
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