An Australian court has given one of the world's largest P2P networks two
months to stop material protected by copyright from being traded.
Kazaa, owned
by Sharman
Networks which is based in Australia, will also have to pay 90 per cent of
the costs in the case incurred by the
Recording Industry
Association of America.
Federal Court Judge Murray Wilcox ruled that posting warnings not to share
illegal material on the Kazaa website was not a sufficient deterrent, and that
Sharman must institute software changes to make such transfers impossible.
"After Australia and America it will not be long before we get the same
decision in Europe," said Conan Chitham, head of the brand and rights group at
law firm Mishcon de
Reya.
"It shows the way the things are going and this is an even more harsh ruling
than the Grokster case in the US. There is going to be a
considerable impact in Europe where a lot of people use the Kazaa code."
The news could be the final blow for the file sharing network, which was
originally developed by Skype co-founder
Niklas Zennström. After a similar case in The Netherlands
the system was moved to Australia but has been continuously targeted by music
companies.
"This ruling has implications for organisations across the world," said Mark
Herbert, founder and director of
intY, a provider of secure
managed internet and email services.
"Any business that sticks its head in the sand and does nothing to stop
employees using file-sharing software at work could open themselves up to legal
proceedings, and company directors may find themselves facing prosecution.
"As these sorts of copyright issues are becoming more widely publicised,
businesses really have no excuse for not sitting up and taking action to make
sure that they and their employees are not infringing copyright."
The Australian court will meet in two months to decide on damages owed to the
recording companies, and to assess any changes made to the Kazaa code.
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