Kazaa Execs Face Contempt Charges

By Ed Oswald | Published December 15, 2005, 1:15 PM

Contempt of court proceedings against Kazaa owner Sharman Networks began Thursday in an Australian federal court in Sydney, with a judge suggesting that it would not be out of the realm of possibility that jail time could be doled out to Sharman executives.

The Australian music industry dragged Sharman back into court, accusing it of failing to follow a September 5 ruling that ordered it to prevent Australian users from committing piracy on its network. Sharman disagrees with that assessment, pointing to the fact that it was blocking users from the country through IP-filtering technology.

Specifically targeted in the contempt of court motion is Sharman Networks chief Nikki Hemming and Altnet chief Kevin Bermeister. The motion also lists companies Sharman Networks, LEF Interactive, Altnet and Brilliant Digital Entertainment as defendants.

Justice Murray Wilcox said that jail time for contempt of court proceedings is rare, and he had never actually thrown someone in jail for it, only threatened to.

Record industry lawyers told the court that they would not push for jail time, but would ask for some kind of punishment for the contempt charges, saying Kazaa's blocking technology was "ineffective."

Sharman's lawyers claimed the filters previously agreed upon could not be completed in time, thus the company decided to remove Australian access from the Kazaa network altogether. Lawyers argued that the action by Sharman had the same effect, and still complied with the court order to end piracy on its network in Australia.

However, in the end, it will be Wilcox who decides if Kazaa is in contempt of court. "This motion is going to raise the matter of whether there is compliance or not," Wilcox said.

A hearing on the motion will occur January 30.

Comments

Gee, why didn't they also ask him to flap his arms and fly to the Moon. :)

Score: 0

|

This is just stupid. Kazaa can't prevent anyone from doing anything. so kazaa forced me to steal music and kill people right? what stupid people.

Score: 0

|

These court rulings are so stupid.

"I founded a new town. Oh hey, someone got robbed in my new town. Wait, they can sue me because I made the town, and provided the means for the burglars to take from them? Damn :("

Score: 0

|

::insert flooding tears::

Score: 0

|

- Inserted -

hhaaha..

Score: 0

|

true true, funniest comment ive heard haha

Score: 0

|

Before it can tackle Windows, Chrome must leave Safari in the dust

It's a little browser with dreams of becoming a bigger operating system some day. But while it's chasing Microsoft's dreams, Chrome's tail is being chased by Apple.

Silverlight 3 goes live on Microsoft's servers

Microsoft's answer to Adobe's Flash is (unofficially) here, with prospects of higher-speed, higher-resolution video and for the first time, 3D.

Best Buy-brand TVs to get TiVo

A new alliance will place the retailer's own brand alongide the manufacturers, and could also lead to future partnerships on services.

Three Android phones on the way from T-Mobile in 2009

T-Mobile's myTouch 3G, launched Wednesday, will be followed by two more Android phones later this year, but neither of them will be HTC's Hero.

LTE still lacks a voice

The 4G Wireless standard that Verizon hopes to show off before this year is out is still at a loss for (spoken) words.

T-Mobile's strategy to combat Apple's iPhone with Android

With a trio of Android phones now in the pipeline for 2009, T-Mobile hopes to break the iPhone's emerging stranglehold.

EC's Reding: Government should act as broker for media downloads

If Internet media services don't step up and build an attractive way for users to start paying for downloads, a commissioner says, government may do the job instead.

Sony TVs get Netflix, still no PS3

Though it's coming in behind LG, Samsung, and Microsoft, Sony will begin to offer Netflix streaming, too.

Google Chrome OS: Too little, too early

Carmi Levy: Wide Angle Zoom Don't start the revolution just yet, says Carmi, who isn't so certain Chrome OS will be the "Windows Killer."

GAO pen test brings the hammer down on federal rent-a-cops

But are the computers to blame for the contract-guard fiasco at FPS?

What's Next: Chrome OS will have at least some friends in high places

Also: South Korea takes another round of DDoS abuse, and Neelie Kroes and Steve Ballmer may shake hands before she exits stage left.

Data sharing among online advertisers: Is sanity in sight?

Lockdown with Angela Gunn In the middle of a 15-page plea not to get regulated, a spark of smart thinking.