Kazaa In Hot Water

SYDNEY, Australia – Sharman Networks asked a federal court this week to allow only one trial at time involving its file-sharing network Kazaa.

Kazaa is currently a co-defendant along with Grokster and StreamCast in a lawsuit filed on behalf of the U.S. entertainment industry in which the plaintiffs are seeking to overturn an earlier ruling that got the three companies off the hook for copyright infringement liability.

Kazaa has come under a hailstorm of criticism in recent months for claiming that it has no control over the types of content traded over its network. Many companies that blame Kazaa for faciliating copyright infringement contend that in fact Kazaa has exactly the kind of control over its technology that could put a stop to infringement, including the file-sharing of child pornography.

Lawyers for Sharman Networks have asked the judge to rule that evidence obtained during a series of raids last week in Australia is inadmissible in the U.S. court proceedings.

Representatives for Sharman claim that the information collected in the raids was already presented to the courts in the U.S., and is therefore unnecessary.

Sharman Networks is calling into account whether the Federal Court in Sydney had the legal right to allow 12 raids on Sharman's offices in several states throughout Australia, the Associated Press (AP) reports. The raids were conducted by Music Industry Piracy Investigations (MIPI), and according to reports, the homes of Sharman's chief executive officer and its director of technology were searched.

According to the AP, MIPI is a collective effort on behalf of six of the biggest recording companies in Australia that have been pursuing Kazaa for some time over copyright issues.

"The recording industry plaintiffs, through their representative MIPI, have used the legal equivalent of a nuclear bomb to obtain documentation that is already being readily produced by Sharman through the U.S. court system," A representative for Sharman told the AP.

Sharman is claiming that the raids were a 'breach of copyright legal action' and that court proceedings, which at the moment have been postponed until Feb. 20, should be put to a stop until the case in the U.S. is resolved.

According to MIPI, Kazaa has already caused enough damage. "Their time is up," the association said in a statement.

Critics of the court proceedings are claiming that the U.S. is simply trying to expand its case against Kazaa by forcing a trial in Kazaa's own homeland.

The U.S. entertainment industry already lost a landmark case in December 2003 in the Netherlands when a Dutch Supreme Court ruled that Kazaa could not be held liable for content traded over its network.

The Dutch Supreme Court upheld a March 2002 ruling in which an appeals court ruled in favor of Fasttrack, the Amsterdam-based firm that first developed Kazaa and was later acquired by Sharman Networks.

The Dutch court is the highest European body to rule on the issue of P2P liability and rejected the argument that Kazaa facilitated copyright infringement.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More