Kazaa is legal! Netherlands Supreme Court says so [ip]

[Declan McCullagh <declan () well com>]

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From: Henrik Nilsson <henrik.nilsson () twobirds com>
To: "'declan () well com'" <declan () well com>
Subject: "KaZaA is legal" decides Dutch Supreme Court
Date: Fri, 19 Dec 2003 16:03:17 -0000

F.Y.I.

/HN

- Press statement -

KaZaA is legal

The Hague, 19 December 2003. The Supreme Court of the Netherlands today 
reaffirmed that it is lawful to make the filesharing software KaZaA 
publicly available. This court is the first Supreme Court or other national 
high court ruling on the legality of peer-to-peer technologies such as 
KaZaA. The outcome of the case, brought in a counter-suit by music rights 
society Buma/Stemra, has been closely watched by the entertainment 
industry, technology businesses and consumer advocates. This victory sets 
the precedent about the legality of peer-to-peer technology across the 
European Union, and around the world.

The decision of the Supreme Court confirms a March 2002 ruling of the 
Amsterdam Court of Appeal. The Court of Appeal determined that the offering 
of KaZaA does not result in direct copyright infringement nor is otherwise 
unlawful towards the plaintiff Buma/Stemra.

The KaZaA program enables Internet users to share multiple types of files. 
Once the program is downloaded from the Internet and installed on a PC, 
users can share files and download files from other users. This is done 
without any intervention of KaZaA or others. Among the files that the KaZaA 
users may exchange are copyrighted music files. Buma/Stemra objected to the 
KaZaA software because of the copyrighted music files offered by users. The 
Supreme Court has ruled that Buma/Stemra had no right to object to the 
software providers.

Niklas Zennström and Janus Friis, the founders of KaZaA, call the ruling a 
"historic victory for the evolution of the Internet and for consumers."

The Supreme Court did not rule on the issue of whether individual 
file-sharers violate the copyrights of the music industry. In the United 
States, the music industry has filed suit against hundreds of individuals.

In February 2002, the founders sold KaZaA to the Australian company Sharman 
Networks. Zennström and Friis have since continued to develop new 
businesses around peer-to-peer technologies. Zennström and Friis's latest 
company, Skype (<http://www.skype.com>www.skype.com) , is currently in a 
global beta. The Skype software program enables peer-to-peer telephony, 
allowing consumers to make free, high-quality and unlimited calls via the 
Internet. Skype has been downloaded more than 4 million times since August.

For more information you can contact KaZaA BV´s attorney, Mr Christiaan A. 
Alberdingk Thijm, of the law firm SOLV Advocaten, +31 (0)20 5300160 or +31 
(0)6 25017 235 (thijm () solv nl).

Source:

<http://www.solv.nl/index.php?blz=3%26nid=549>http://www.solv.nl/index.php?blz=3&nid=549 
and scroll down to English version.

(KaZaA's attorney of record in the Dutch Supreme Court proceedings, Mr. 
Wouter Pors, is a partner at the Bird & Bird office in The Hague, The 
Netherlands).

Henrik Nilsson
BIRD & BIRD
Stockholm, Sweden
<http://www.twobirds.com>www.twobirds.com


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From: Henrik Nilsson <henrik.nilsson () twobirds com>
To: "'declan () well com'" <declan () well com>
Subject: Text of ruling in KaZaA case
Date: Fri, 19 Dec 2003 16:12:41 -0000


Obviously one would like to see the text of the KaZaA ruling. So far, it is 
available only in Dutch but don't let this stop you :-)

 <http://www.rechtspraak.nl/uitspraak/frameset.asp?ljn=AN7253>http://www.rechtspraak.nl/uitspraak/frameset.asp?ljn=AN7253 
.

Henrik Nilsson


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