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29 November 2001 14:17 by Petteri "dRD" Pyyny
Dutch court ordered today that mega-popular FastTrack-based P2P application Kazaa has to shut down within 14 days if company doesn't find a way to prevent users from sharing copyrighted content through the service.
Case was brought to Amsterdam district court by Buma/Stemra, an association that represents Dutch composers, songwriters and music publishers.
If Kazaa doesn't shut down after 14 days, Kazaa will have to pay 100,000 guilders (appx. $40,000) a day, with a maximum of 2 million guilders, the judge ruled.
Kazaa is puzzled by the verdict and it doesn't understand exactly what to do, said KaZaA's attorney Christiaan Alberdingk Thijm. "Our software can't disappear, it is already out there," he said. "And the minute we take down our Web site, mirrors will appear."
Respected P2P analyst from Webnoize, Lee Black, told the press after the verdict that this was a typical example of court ruling over the issue that it doesn't understand. FastTrack-based software doesn't require central servers, specific company's clients or any administration whatsoever -- software has been created and it will be available virtually forever as long as users use it, despite judges shutting down original FastTrack client companies. Only thing what could shut down the network is to force FastTrack to make modifications to the network -- but even FastTrack can't control the network totally.
FastTrack and two companies using FastTrack's technology, Grokster and MusicCity, got sued by American music industry earlier this fall.
Permalink to this article
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Related articles:
P2P vs. RIAA debate (7 July 2003)
Kazaa can be sued in States (13 January 2003)
Judge delays his decision on FastTrack P2P case (3 December 2002)
Can Kazaa be sued in the States? (22 November 2002)
KaZaA goes to court -- again (21 May 2002)
KaZaA to offer subscriptions (24 April 2002)
Dutch appeals court: KaZaA is legal (28 March 2002)
Morpheus to become a legal service(?) (14 March 2002)
Update: Morpheus temporarily closed (26 February 2002)
Kazaa unveils new functions (11 February 2002)
KaZaA sold to an Australian company (22 January 2002)
KaZaa suspends downloads (17 January 2002)
Next version of Morpheus will bridge FastTrack and Gnutella (28 December 2001)
Kazaa continues to operate despite the court decision (20 December 2001)
Music publishers sue P2P companies (20 November 2001)
EFF to defend MusicCity (7 November 2001)
Music and movie industry sue FastTrack (3 October 2001)
New record in file sharing (6 September 2001)
Can anyone sue Morpheus? (23 August 2001)
New breed of peer-to-peer applications booming (3 August 2001)
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