2/20/2006

Kazaa, record company lawyers ready for appeal

Filed under: — By Aviran Mordo @ 9:50 am

This morning sees the return of the parties in the Kazaa case to the Federal Court for their long awaited appeal. While the earlier case was heard by a single judge (Judge Wilcox), the appeal is to be heard over five days by the Full Bench comprised of Justices Branson, Finkelstein and Lindgren.

The appeal follows the September 5, 2005 judgement, which was dubbed a 鈥渓andmark鈥? decision by both sides. The judgement guaranteed the continued operation of Kazaa, while the record companies saw the decision as striking at the heart of internet piracy. At the time, the record companies reportedly said they would not be appealing the decision.

Although widely reported as a victory for the record companies, a Kazaa spokesperson has posed the question: 鈥淚f they won the case, and they declared their victory, then why are they now appealing?鈥? The spokesperson pointed out that the record companies lost a number of aspects of the September 5 case, including conspiracy claims, trade practices claims, and fair trading claims.

In fact, both sides are appealing, and the appeal will be heard this week.

Source: The Register

 

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