Any appeal by key players associated with the Kazaa file-sharing software will only be heard in February or March next year. In a landmark anti-piracy judgement, the Federal Court found Sharman Networks, and associated individuals and companies had facilitated users’ copyright infringement via Kazaa.
The court required the Sharman parties to install filters on the software to protect copyright works from unauthorised trading and indicated the parties faced substantial damages. The parties have two months to comply with the filtering ruling in the case, which was brought when major record labels, including Sony BMG, EMI, Universal and Festival Mushroom, claimed Kazaa was facilitating massive copyright infringement associated with their artists. In his judgement, Federal Court Justice Murray Wilcox set two conditions on the appeal process. Firstly, the party appealing must aim to be heard in the February 2006 Full Court sittings.
The Full Court — which hears appeals from decisions of a single judge of the Federal Court — is scheduled to sit from 13 February to 10 March 2006. Secondly, any appeal application would depend on whether modifications to Kazaa were approved by the court or agreed by the music labels. Sharman Networks is expected to lodge its request for leave to appeal before the deadline of three weeks from yesterday’s decision expires.
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