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ARIA: Kazaa breached court order

6 December 2005 11:22 by James "Dela" Delahunty | 13 comments

The Australian Record Industry Association (ARIA) has accused Kazaa owner, Sharman Networks, of ignoring a court order to implement filters to block copyright infringement by December 5th. ARIA's Stephen Peach said that Kazaa completely ignored an order to implement a non-optional 3,000 word filter to its software (that was provided by the ARIA). However, Sharman Networks doesn't see it that way; the company believes it has gone one step further than filtering.

Yesterday Australian Internet users were redirected from the Kazaa homepage to a page explaining that they cannot use the Kazaa software anymore. "We have put in measures more stringent than the keyword filter - we have shut it down," a Sharman spokeswoman said. "We were told that if we comply with the court order by December we would get our appeal heard in February so that is what we've done."

Mr Peach doesn't see blocking Australian users as complying with the order however. "They cannot be trusted to even take the simplest steps towards complying with the court's orders and again have shown they intend to do nothing about the illegal activities occurring on a massive scale on their system," he said. "They were given a chance to do the right thing and they've ruined it."

Peach also went on to say that downloading copyrighted material was still possible on the network regardless of what Sharman has done. "It is apparent that they never had any intention of applying filters, the bare minimum they needed to continue to operate the system," he said. "Their response is an insult to the court, the public and all artists whose work is being illegally traded on the system."

If Sharman is found to have ignored the court order, then it could lead to the shut down of Kazaa completely. Sharman's spokeswoman said the filtering required by Australian record companies was inconsistent with advice provided by their own experts and impossible to enforce.

Source:
The Age

Permalink to this article

Australians blocked from Kazaa use? (5 December 2005)

Kazaa gets deadline to filter or shut down (25 November 2005)

Kazaa loses in court (5 September 2005)

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Discuss this article!
Lethal_B (Moderator) 6 December 2005 11:42
Man ~ some people are so hard to please! But where's 'stolen' music involved, they are impossible to please it may seem. Australian users are blocked altogether. Australia ~ The only place that the ARIA have any power. They should be ecstatic.... [ + quote]
JXP2307 (Senior Member) 6 December 2005 11:57
Quote: "We have put in measures more stringent than the keyword filter - we have shut it down," a Sharman spokeswoman said. "We were told that if we comply with the court order by December we would get our appeal heard in February so that is what we've done." I am confused. How is that not complying? Is it because the "Specific Language" of the filters was not adhered to? If you are "blocked" from using the network, isn't that the very DEFINITION of a filter? [ + quote]
Dela (Staff Member) 6 December 2005 12:11
well the filters the ARIA was hoping for would have been a 3,000 word filter included in a new version of Kazaa (with names like Delta Goodrem, madonna etc.). However, Sharman realises that the Australian court's decision has no real effect anywhere else so decides to sorta "block australian service" completely instead. This isnt good enough for the ARIA, who were expecting these 3,000 word filters to be implemented internationally. [ + quote]
Lethal_B (Moderator) 6 December 2005 12:47
Quote: This isnt good enough for the ARIA, who were expecting these 3,000 word filters to be implemented internationally. But is it any of their damn business? [sigh] ~Lethal B~ Lethal's "Converting video to iPod" Guide - http://forums.afterdawn.com/thread_view.cfm/244629 Lethal's "Creating Torrent's" Guide - http://forums.afterdawn.com/thread_view.cfm/251607 To get your nokia unlocked - http://www.unlocknokia.us/ (worked 4 me :) [ + quote]
nato1200 (Junior Member) 6 December 2005 13:24
I'll bet that when Peach pours a drink, he keeps pouring long after the cup is filled. I'm sure that he eats until he pukes, not being satisfied by a normal portion. It's always painful to watch people(industry) fight a war it can not win. They can't fight of the internet "insurgancy." [ + quote]
HALTRON (Member) 6 December 2005 13:34
They may be able to shut down the web site but how can they prevent Australians from continuing to download through Kazaa given that it is a decentralised network. Even if they put out a new filtered version how easy would it be to get an older, less restricted version via fastrack network, i just can't see how ARIA plan to win this! [ + quote]
cousin80 (Member) 6 December 2005 15:33
Who cares if they do shut Kazaa down. what about the hundred other p2p software out there bittorrent ect. They going to shut them all down? I dont think so. [ + quote]
JXP2307 (Senior Member) 6 December 2005 15:59
Dela, Thanks for the clarification. Always enjoy your articles... But how can the ARIA expect an "International filter" when the case is in Australian court? This was NOT an international case! How can an Australian courts decision have any legal bearing on the rest of the world? Have they gone nuts? Bonkers... Looney... CRAZY! Remember not only to say the right thing in the right place, but far more difficult still, to leave unsaid the wrong thing at the tempting moment. -Benjamin Franklin [ + quote]
Lethal_B (Moderator) 6 December 2005 16:00
Quote: They going to shut them all down? I dont think so. Hasty? ~ only time'll tell. ~Lethal ~Lethal B~ Lethal's "Converting video to iPod" Guide - http://forums.afterdawn.com/thread_view.cfm/244629 Lethal's "Creating Torrent's" Guide - http://forums.afterdawn.com/thread_view.cfm/251607 To get your nokia unlocked - http://www.unlocknokia.us/ (worked 4 me :) [ + quote]
nonoitall (Member) 6 December 2005 16:11
From what I heard in another article (http://slyck.com/news.php?story=1016), at least part of the reason Sharman Networks couldn't implement their new filter was because the ARIA lawyers pulled out of their meeting at the last minute. Just goes to show how painfully corrupt and greedy the recording industry is - sinking to such dishonest and deceptive schemes to destroy a legitimate business. [ + quote] This message has been edited since posting. Last time this message was edited on 6 December 2005 16:12
AIM2Shame (Junior Member) 6 December 2005 17:39
If your all wondering what power the Australian legal system has worldwide.. SHARMAN NETWORKS is australian owned. They may have parts of there company off shore in the carribean etc, But there main operation is Australian owned and based. [ + quote]
JXP2307 (Senior Member) 6 December 2005 17:57
AH HA!!! There it is ! Confusion slipping away... Thanks AIM2Shame. [ + quote]
Chris1000 (Junior Member) 7 December 2005 3:25
Hey, if their offices are in Australia, than the only thing that they have to do is move their offices OUT of Australia. Bing, Bang, Boom, problem solved! [ + quote]