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Tuesday, September 06, 2005

Kazaa: Illegal at Autralia

Australian court gives Kazaa two months to change its ways

The court decision that was handed down on Monday morning is only enforceable "down under", but the repercussions could be felt around the world. The New South Wales Supreme Court determined that the music sharing on the Kazaa system is illegal, ending the long court battle fought between Australia’s record industry and Kazaa’s owners Sharman Networks Ltd. The Judge ordered the offending parties to pay 90% of the record industry’s costs in the case and damages will be established at a later date.
Kazaa’s owners had argued that their software was no different from a tape recorder or photocopier – it had legitimate uses, but the software makers couldn’t be held responsible for the illegal applications. Unfortunately, Judge Murry Wilcox ruled that they actively encouraged users to share files. He also stated that they encouraged “users to increase their file-sharing.”
Michael Speck, spokesman for the Australian record industry gave this statement, “This court order ... will have a worldwide impact not only on Kazaa but on every other illegal peer-to-peer business," he said. "If you're out there and you're ripping off music without permission and without payment, you should sit up and take notice. Now's the time to go legal or get out of the business before another court does what's happened to Kazaa today.”CBS News

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