November 19, 2005

The Kazaa Case

Posted in Uncategorized at 1:12 pm by thelawthoughts

Methinks Wilcox J may have made a godawful mess of the Kazaa case, Universal Music Australia Pty. Ltd. -v- Sharman License Holdings Limited, the latest instalment of which is here. Basically, instead of slapping Kazaa down by finding it illegal, Wilcox J held that Sharman must MAKE it legal, or face such a Slapping Down.

However, the policy of a court not interfering in an ongoing basis seems to have been ignored by Wilcox. Now, they are arguing every five minutes about what documents can be disclosed, what bank details and trust arrangements are around and other like tangles.

What, exactly, was the point? Better to save everyone’s time and declare illegality, then move on. If Sharman want to come up with a legal product, let them do it. But don’t make the Fed Court sift through this enourmous amount of crap to get there.


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