geert on Thu, 28 Mar 2002 23:04:02 +0100 (CET)


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[Nettime-nl] waar is nieuws over kazaa te vinden?


http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=161

Yahoo! News carries a Reuters wirestory reporting that file swapping service
KaZaA has won a major legal victory in the copyright lawsuit filed against
it (Dutch Court Clears Web Music Swapping). A Dutch appeals court has
overturned a lower court decision and ruled that KaZaA may continue to
distribute its file swapping software. Although the decision is not
immediately available in English, it appears that the court was persuaded by
arguments regarding KaZaA's inability to control how users used the system
(unlike the old-school centralized server architecture of the original
Napster) and the fact that the software can be used to swap all file types.
KaZaA's sharing software is based on FastTrack technology, as is Grokster.
MusicCity's Morpheus software was also based on FastTrack's technology, but
due to a dispute has recently switched to a Gnutella-based engine known as
Gnucleus (Morpheus Booted Off Fasttrack, Uses Gnucleus ). It will be
interesting to see how this affects the ongoing U.S. case that pits the RIAA
and MPAA against KaZaA, Grokster and Morpheus, all of whom were sued in the
U.S. last year (RIAA targets post-Napster MP3 sharers). Slashdot readers
celebrate (Kazaa Is Legal, Dutch Appeals Court Rules). Kuro5hin has a
translation of a news report in Dutch (Dutch court rules KaZaA legal).
Apparently, the decision may also create liability for the group that
brought the lawsuit.


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