Kazaa has
vowed to appeal after an Australian court ruled that the
internet file-sharing operator has infringed the country's copyright laws.
The Federal Court of Australia found that Kazaa violated Australian copyright
law by authorising users to infringe music companies' copyright in recordings.
The court ordered that the P2P firm must install filters to prevent future
violations.
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Ian Fogg, a broadband analyst at
Jupiter
Research Europe, said: "This is yet another battle in a long running war,
but it's almost yesterday's fight because Kazaa is not as popular as it used to
be and many downloaders have moved to BitTorrent and the
e-Donkey networks.
"In terms of the bigger picture this is significant because it is an example
of the general legal pressure coming to bear on such services and the fact that
their options are being closed down."
Sharman
Networks, the company behind Kazaa, said that it will appeal against the
verdict.
"While the judgment has yet to be studied in detail, Sharman Networks is
obviously disappointed with the decision," the company said in a statement. "We
will appeal this decision vigorously and are confident that we will win on
appeal.''
The case was brought by the Australian unit of
Universal Music
Group, part of
Vivendi
Universal, and other music industry plaintiffs, against Sharman Networks and
other defendants.
"Despite the fact that the Kazaa website contains warnings against the
sharing of copyright files, and an end-user licence agreement under which users
are made to agree not to infringe copyright, it has long been obvious that these
measures are ineffective to prevent, or even substantially to curtail, copyright
infringements by users," the judge said in a summary of the decision.
The judge ordered that, within two months, the Kazaa software must have
filters that exclude copyrighted works, and that Kazaa must apply "maximum
pressure'' on existing users to upgrade to the filtered system.
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