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afterdawn.com > news > dutch appeals court: kazaa is legal
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Dutch appeals court: KaZaA is legal

28 March 2002 8:46 by Petteri "dRD" Pyyny

Shock-waves are hitting U.S. media companies' offices when Dutch appeals court overturned Dutch court's decision and declared that KaZaA can legally distribute its P2P program to users and that it is users' responsibility to decide how they use the program.

This is exactly what pro-P2P parties have argued since day one when Napster was sued back in 1999 -- it should be user's decision whether he/she downloads or shares copyrighted material or not. Major difference between KaZaA and Napster is the fact that KaZaA doesn't operate any central servers unlike Napster did, so the company can't control what users distribute in its network.

"We are stunned by the verdict," a Buma Stemra's, Dutch recording industry's association's, spokesman said after the decision. He also added that Buma Stemra can appeal the decision further to Dutch High Court (which compares to U.S. Supreme Court, it's decisions are final).

Unfortunately the decision came too late to save KaZaA -- company sold its assets to Australian Sharman Networks earlier this winter. However, FastTrack, whose technology KaZaA and other similiar P2P tools are based, continues to operate in Netherlands and licenses its technology to Grokster and KaZaA.

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Related articles:

  • P2P vs. RIAA debate (7 July 2003)
  • Judge dismisses Sharman's antitrust claims (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)
  • Morpheus, Grokster & KaZaA trial begins (5 March 2002)
  • Gnutella-based Morpheus client released (2 March 2002)
  • Update: Morpheus temporarily closed (26 February 2002)
  • Morpheus shut down? (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)
  • Kazaa continues to operate despite the court decision (20 December 2001)
  • Dutch judge orders Kazaa to shut down (29 November 2001)
  • EFF to defend MusicCity (7 November 2001)
  • Music and movie industry sue FastTrack (3 October 2001)
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