A long-running court battle between Australia's record industry and file-swapping giant Kazaa reaches a climax today, when a judge is to rule on whether the peer-to-peer network is no different from a photocopier or is a giant "engine of copyright piracy."
Lawyers for major Australian record labels want Federal Court Judge Murray Wilcox to find Kazaa's owners liable for copyright breaches and loss of income.
"We have argued file sharing on Kazaa is a breach of copyright and unfair to all those people who try to make a living by creating and producing music," said Michael Speck, managing director of Australia's Music Industry Piracy Investigations, a division of the Australian Recording Industry Association.
"This is a long-awaited judgment on an issue that's critical to the music industry, artists and consumers worldwide," he said.
Among the 10 defendants are Kazaa's owners, Sharman Networks Ltd, Sharman License Holdings and Sharman's Sydney-based chief executive officer, Nikki Hemming.
Their lawyers argued that the software used by Kazaa is no different from a tape recorder or photocopier -- and that Kazaa could not control copyright infringement by users of the network.
The case is the latest in a long line of courtroom showdowns between so-called peer-to-peer (P2P) networks and copyright holders lsuch as record companies.
In a landmark case earlier this year, the US Supreme Court said Grokster and Streamcast Networks -- developers of leading Internet file-sharing software -- can be sued because they deliberately encouraged customers to download copyrighted files illegally so the companies could build a larger audience and sell more advertising.
If the record industry wins today and Kazaa's owners are declared liable, it could signal the end of Kazaa. Defendants, including Hemming, already have agreed to freeze their assets ahead of the verdict.
If the defendants are ruled liable, Wilcox will hold a fresh round of hearings to determine the level of damages, which could run into the millions of dollars. Whichever side loses today is expected to appeal.
But whatever the outcome, observers say users of P2P services around the world already are leaving Kazaa for services which allow quicker downloads.
Michael Geist, an e-commerce expert at Ottawa University's law faculty, said the file sharing industry has moved on since the Kazaa trial began last November, with the software underpinning Kazaa now holding only 10 percent of the market, although the Kazaa Web site claims that nearly 390 million people have downloaded its software.
``It just isn't as big a player as it once was as BitTorrent and eDonkey are now far more important to file sharers,'' Geist said.
Tropical Storm Gaemi strengthened into a typhoon at 2pm yesterday, and could make landfall in Yilan County tomorrow, the Central Weather Administration (CWA) said yesterday. The agency was scheduled to issue a sea warning at 11:30pm yesterday, and could issue a land warning later today. Gaemi was moving north-northwest at 4kph, carrying maximum sustained winds near its center of up to 118.8kph and gusts of 154.8kph. The circumference is forecast to reach eastern Taiwan tomorrow morning, with the center making landfall in Yilan County later that night before departing from the north coast, CWA weather forecaster Kuan Shin-ping (官欣平) said yesterday. Uncertainty remains and
SEA WARNING LIKELY: The storm, named Gaemi, could become a moderate typhoon on Wednesday or Thursday, with the Taipei City Government preparing for flooding A tropical depression east of the Philippines developed into a tropical storm named Gaemi at 2pm yesterday, and was moving toward eastern Taiwan, the Central Weather Administration (CWA) said. Gaemi could begin to affect Taiwan proper on Tuesday, lasting until Friday, and could develop into a moderate typhoon on Wednesday or Thursday, it said. A sea warning for Gaemi could be issued as early as Tuesday morning, it added. Gaemi, the third tropical storm in the Pacific Ocean this typhoon season, is projected to begin moving northwest today, and be closest to Taiwan on Wednesday or Thursday, the agency said. Today, there would likely
DISRUPTIONS: The high-speed rail is to operate as normal, while several airlines either canceled flights or announced early departures or late arrivals Schools and offices in 15 cities and counties are to be closed today due to Typhoon Gaemi, local governments announced last night. The 15 are: Taipei, New Taipei City, Taoyuan, Tainan, Keelung, Hsinchu and Kaohsiung, as well as Yilan, Hualien, Hsinchu, Miaoli, Chiayi, Pingtung, Penghu and Lienchiang counties. People should brace for torrential rainfall brought by the storm, with its center forecast to make landfall on the east coast between tonight and tomorrow morning, the Central Weather Administration (CWA) said. The agency issued a sea warning for the typhoon at 11:30pm on Monday, followed by a land warning at 11:30am yesterday. As of
CASUALTY: A 70-year-old woman was killed by a falling tree in Kaohsiung as the premier warned all government agencies to remain on high alert for the next 24 hours Schools and offices nationwide are to be closed for a second day today as Typhoon Gaemi crosses over the nation, bringing torrential rain and whipping winds. Gaemi was forecast to make landfall late last night. From Tuesday night, its outer band brought substantial rainfall and strong winds to the nation. As of 6:15pm last night, the typhoon’s center was 20km southeast of Hualien County, Central Weather Administration (CWA) data showed. It was moving at 19kph and had a radius of 250km. As of 3pm yesterday, one woman had died, while 58 people were injured, the Central Emergency Operation Center said. The 70-year-old