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 © 2025 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

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Age Verification Watch: Michigan Joins the AV Club, Some Laws Just Make No Sense

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Free Speech Groups Back SCOTUS Appeal of Georgia Strip Club Tax

Two civil liberties organizations filed an amicus brief Tuesday supporting a petition asking the U.S. Supreme Court to hear an appeal in a case involving whether a tax specifically aimed at adult entertainment establishments violates the First Amendment.

Creator Networking App 'Plaiir' Launches

Plaiir, a mobile networking app for creators, has officially launched.

Swedish Court Rules LELO Products Do Not Infringe 'Invalid' Satisfyer Patent

A Swedish district court has ruled that a patent filed by Satisfyer parent company EIS GmbH is not valid, and therefore three products from pleasure brand LELO are not in violation.

North Dakota House Committee Questions Anti-Porn 'Public Health Hazard' Claim

The North Dakota House of Representatives Education Committee on Monday amended a resolution that would have recognized pornography as a “public health hazard,” instead replacing that language with a call for further study into whether such a designation is appropriate.

Adult Site Broker Relaunches Site

Adult Site Broker has relaunched its website with several updates.

Pink and White Productions Relaunches PinkLabel.TV

Pink and White Productions has relaunched its PinkLabel.tv streaming platform.

Wick Entertainment Joins Pineapple Support as Supporter-Level Sponsor

Wick Entertainment has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

MyMember.site Debuts Digital Rights Management Feature

MyMember.site has introduced a Digital Rights Management (DRM) feature to its platform.

Show More